More subpoena questions


#1

If you subpoena someone well in advance, to give that person plenty of notice (out of consideration to them), do you have to let the opposing attorney know that at the time you file the subpoena, or can you wait to notify them until later? I want to give some of the witnesses I want to call plenty of notice to appear, because it’s just considerate, but I do not necessarily want the other side to know about this until I absolutely have to.

I know you had told me that, regarding sending a subpoena to someone, ten days is ample notice, but when does the other side have to know by? I know that I got a notice of a subpoenaed witness the day before the hearing for the temp hearing from them last time. But I don’t know what day they filed that subpoena. Of course, this is the infamous Kathy, who is more than friendly to the opposing side, so she didn’t’ even need to be subpoenaed, because she was cooperating with them all along.

But I did want to check, to make sure that I do not make any mistakes. I made plenty of mistakes last time.


#2

You should send the opposing party a copy of the subpoena when it is sent for service on the witness.


#3

Is “should” a suggestion, or is it mandatory?


#4

You must.