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| Subject:
ways of serving a subpoena in fairfax, va
Category: Miscellaneous Asked by: ffx-ga List Price: $20.00 |
Posted:
05 Oct 2005 12:17 PDT
Expires: 05 Oct 2005 13:19 PDT Question ID: 576779 |
In Fairfax County, VA, if a subpoena for a deposition is to be served regarding a civil case, how must the subpoena be delivered? i.e., does it have to be handed to me? Can it be slid under my door? Left on my windshield? Can I dodge it? |
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| There is no answer at this time. |
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| Subject:
Re: ways of serving a subpoena in fairfax, va
From: elids-ga on 05 Oct 2005 12:36 PDT |
What is a subpoena? an order of a court which requires a person to be present at a certain time and place or suffer a penalty (subpoena means, literally, "under penalty"). This is the traditional tool used by lawyers to ensure that witnesses present themselves at a given place, date and time to make themselves available to testify http://serveitnow.com/process-server/Virginia/Fairfax-County/ Rules for delivery of subpoena's in Fairfax http://www.fairfaxcounty.gov/courts/circuit/pdf/CCR-A-248.pdf Counsel will mail the "original" Attorney Issued Subpoena and one copy for each person being served to the Sheriff or Private Process Server. If service by Sheriff, must include a Sheriff Transmittal Sheet with the subpoena. So no you can not dodge a subpoena, as it can be just mailed to you. |
| Subject:
Re: ways of serving a subpoena in fairfax, va
From: elids-ga on 05 Oct 2005 12:48 PDT |
Actually it doesn't say that it can be mailed to you, just that the copies can be mailed. Here is a more relevant quote; http://www.law.pitt.edu/wasserman/law6e.htm#N_152_ Consolidation Coal Co. v. Local 1784, 514 F.2d 763, 765-66 (6th Cir. 1975) holding that personal service of motion for contempt hearing or order to show cause was not required where workers allegedly were violating a no-strike injunction, but some notice of the hearing was required. |
| Subject:
Re: ways of serving a subpoena in fairfax, va
From: myoarin-ga on 05 Oct 2005 12:58 PDT |
From those sites, it seems that in Elids-ga's 1st comment that was referring to delivery of the subpoena to the sheriff or server, and perhaps to delivery of confirmation of the "serving" of the subpoena. The fact that a the sheriff or a "server" (a whole service industry from the first site) is necessary, suggests that mailin or just delivering to the last known address is inadequate. |
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