Wednesday, March 26, 2014

I'm trying to serve a subpoena for the defendant as a favor. I can't find any rules about this. I went to the person's workplace. Can I serv...

Question

I'm trying to serve a subpoena for the defendant as a favor. I can't find any rules about this. I went to the person's workplace. Can I serve someone there and hope that it gets to him? What are the codes that apply to this?



Answer

First of all, if your friend is representing himself in a criminal case, he is taking a huge risk. "I can't afford an attorney" is not a reasonable argument to not having an attorney in a criminal case, because he has the option to have the court appoint an attorney for him.

Second, the subpoena must be issued by the court. Your friend cannot use a simple form from the internet and use it himself.

Finally, the subpoena must be personally served on the person who is to appear. Substituted service is not permitted.



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