More subpoeana questions


If I subpoena someone, using the instructions you gave me (go to the room in the courthouse where you file papers), do I have to let the opponent’s attorney know that I have subpoenaed this person?

How long is considered adequate time for someone to receive a subpoeana? For example, if I subpoena Kathy three weeks before the trial, can she then say, “Sorry, can’t make it”?

I know that before the last hearing, I got notice that they had subpoenaed her the day before the hearing. Granted, I know that was done just to rattle my nerves, because she would have willingly complied.

And out of state witnesses? Do I have to notify them that I will be asking someone from out of state to come testify?

Lastly, in the case of someone who is hostile and dishonest (Kathy) is there a way to pay to have her served by the sheriff, rather than by mail? And if mailing, should I send via certified mail? I’m thinking about the teacher of my son’s, that I do not know his home address, nad would need to send it to the school. What’s the best way to go abotu that?


Yes, a copy of all subpoenas issued in a case needs to be sent to opposing counsel.

A subpoena must be served in a reasonable amount of time, 10 days is a good rule of thumb.

Opposing counsel should be given a list of all witnesses you intend to call.

A subpoena must either be served by sheriff, (the fee is $15.00.) or process server. A person may be served at their place of work.


In that other thread, where I’ve been asking you about subpoenaing someone’s former employer, I thought of this question:

IS it a good idea to subpoena teachers? I don’t want to take them away from their work, either, but they are people who knew me, had been in contact with me because I had let them know that my kids were really going through rough stuff with their father leaving them. I also was in touch with these people before all that happened, just on a regular old, "Thank you for sending this progress report . . . any idea when the math books will in . . . " and setting up conferences with teachers and guidance counselors.

Are these the right types of people to subpoena, even though they’d be taking time away from their work? Seems like a common sense answer to me (yes), but I wanted to make sure.

I know that the father was never in touch with ANYONE at the schools. And since I cannot use anyone’s email without them authenticating the email address, then my only option is to subpoena.


You may subpoena the teachers if you feel that they have some valuable information to contribute.