Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Red Steel

Frankly, I find it very unlikely HI requires a certified/bonded/registered process server. I’m not familiar with various states’ laws; however, but this was issued by a federal court.

As far as I know, the server only has to be at least 18 y/o and not be a party or subject to benefit from the litigation. I don’t know about rules on service by mail.

This is the link for Federal Rules of Civil Procedure, Rule 45 (subpoena) an an extract on service, which confirms my suspicion about WHO can serve.

http://www.law.cornell.edu/rules/frcp/Rule45.htm
(b) Service.

(1) By Whom; Tendering Fees; Serving a Copy of Certain Subpoenas.

Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person’s attendance, tendering the fees for 1 day’s attendance and the mileage allowed by law. Fees and mileage need not be tendered when the subpoena issues on behalf of the United States or any of its officers or agencies. If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served, a notice must be served on each party.


81 posted on 07/05/2011 10:25:00 PM PDT by EDINVA
[ Post Reply | Private Reply | To 75 | View Replies ]


To: EDINVA; Red Steel
Thanks for the link for the Federal Rules of Civil Procedure. I notice this part:
The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service.
I assume a "party" is someone involved in the lawsuit--which in this case would be Orly. So she can get a blank, signed subpoena and fill it out herself just for asking. Do either of you (or anyone present) know at what point that becomes enforceable? Whatever the merits of this one, she obviously wouldn't be able to subpoena any document from anyone she likes--or would she? Does it really have to wait until the recipient declines to respond, and then the judge decides whether they have to?
85 posted on 07/06/2011 12:30:13 AM PDT by Ha Ha Thats Very Logical
[ Post Reply | Private Reply | To 81 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson