More subpoeana questions


#1

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?


#2

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.


#3

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.


#4

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