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Acommanderguy
11-11-2005, 06:29 PM
Ok so I have a question. When you get subpeonad(sp) to court do they have to serve you or can they just tape it to your door?

JetBoatRich
11-11-2005, 06:32 PM
Tape it to your door :devil: how would the know you recieved it :confused:

PHOTOGLOU
11-11-2005, 06:33 PM
Ok so I have a question. When you get subpeonad(sp) to court do they have to serve you or can they just tape it to your door?
If they send you a cert letter they can tape it to your door... I think you have to sign or have someone sign the cert letter though.... Second thought get better advice Good luck

Acommanderguy
11-11-2005, 06:35 PM
I came home and it was taped to my door. Noone was even here. I was like what the heck is this

phebus
11-11-2005, 06:37 PM
If you don't acknowledge reciept, all you are doing is putting off the inevitable. Now, or later......................

JetBoatRich
11-11-2005, 06:42 PM
If you don't acknowledge reciept, all you are doing is putting off the inevitable. Now, or later......................
I would agree with this advice :rolleyes: but I am no laywer :D

Acommanderguy
11-11-2005, 06:45 PM
I dunno the da doesnt even have a case, and I wouldnt be a good witness for them. I dont even want to be a witness for them. I told them I would go for the defense, and they still wanted to to testify for them. I dont get it.

JetBoatRich
11-11-2005, 06:50 PM
Lawyers will put a lot of people on the witness list :eek: and hardly call any of them. Just covering their ass and making it look like the have a better case :eek:

Acommanderguy
11-11-2005, 06:54 PM
They have been drawing this incident out for months. I told them repeadtly that they were given a false story. 2 witness rebuttaled there stories. I spoke with the defense investigator and the da's investigator. I told the defense they could call me for a witness. seeing as I was 2 feet from what happened. I think the da is throwing crap against the wall in hopes it will stick. So far the defense has supeonda anyone to go to court.

YeLLowBoaT
11-11-2005, 07:01 PM
If you don't acknowledge reciept, all you are doing is putting off the inevitable. Now, or later......................
I think thats the best advice any 1 could give you right there. If the DA wants you, the DA WILL GET YOU. That or your going to jail.

Acommanderguy
11-11-2005, 07:02 PM
the defense keepr saying the da has no case. Thats what he says. He says that all the da has is some shotty statements from one drunk kid and 2 witness that have changed there stories, and me who gave them the entire story to what happened that isnt even close to what the statement that was given to the da by the 2 witness who recanted there previous statement.

Acommanderguy
11-11-2005, 07:08 PM
thats all the defense they have to be honest. they have my statement and they have the statements that were recanted by the other 2 witness and the da has a statement from one witness who doesnt even remember the events of the night apperently. I see this as a waste of the tax payers money. But I guess the da needs something to do right?

C-2
11-11-2005, 08:27 PM
To answer your question, unless you are a party to the action, a Subpoena must be personally served on you. Doesn't matter what type - either criminal or civil, deposition or trial, they must be personally served.
There are no posting or "nail and mail" provisions for a Subpoena.
If you call whoever issued the Subpoena, they could try to bluff you, saying you acknolwedged receipt by the fact you responded, but I doubt the argument would hold with any judge.
Criminal and Civil Subpoena's (trial) must be personally served since they have a quasi court-order remedy - if the witness doesn't appear after being properly served, an arrest warrant or body attachment can issue, it depends upon the judge. I've served trial subpoenas; appeared in court to testify about the service, only to see the judge the judge say serve it again. Then again, I've also served a trial subpoena upon a 70+ year old person with no car, 9:30 p.m., for trial the following morning. The 70 year old lady didn't appear and the judge issued a warrant for arrest, even sending a Marshal out to pick her up.
Judges get pissed when witnesses don't appear for trial. They see it as a slap in their face, escpecially if you say something like "I'm too busy" or "I've got better things to do"; like the judge doesn't?
You are also entitled to a witness fee, which must be tendered at the time of service. :idea: :idea: