Subpoenas are legal documents that summon a witness or other important party to attend a court proceeding. They can also be used to request documents, paperwork, or evidence that’s important to a case. Many times, subpoenas are one of the most important puzzle pieces in a legal proceeding.
Since vital testimony and evidence depends on subpoenas, serving them properly — and in a timely manner — is crucial to success. The first step is to fill out the proper forms and obtain the subpoena from the court clerk. Keep in mind that the document must be notarized and signed by the judge or attorney who issued it before it is legally binding. You should also make a second copy of the final document; this copy will go to the witness, while you keep the original.
Next, you will need to find an appropriate process server. (See below for a list of who can legally serve subpoenas.) Your server will need to deliver the subpoena in one of the four legally approved methods. These include:
The server needs to make every effort to ensure the subpoena goes to the proper person. This includes verifying their full name before hand-delivering it or requesting receipt confirmations via certified mail. The server cannot leave a subpoena if they are not sure it is in the right hands.
Once the subpoena has been served and the correct individual has received the document, the attorney will file what’s called a “proof of service” with their assigned court. This document details who delivered the subpoena, as well as how and when it was served. Be sure to bring the original subpoena form and the proof of service to court, as it may be needed if the witness fails to appear or produce the required documents.
According to the rules of serving a subpoena, anyone over the age of 18 — as long as they’re not involved in the legal proceedings in question — can serve a subpoena. Typically, though, these documents are served by either a sheriff, lawyer, court clerk, notary public, paralegal, administrative assistant, or professional subpoena service (also called a process server). Process servers, like LORR, are generally preferred if you’re dealing with a hard-to-find or difficult witness.
It’s important to note that you cannot serve a subpoena yourself or in your own case.
Other rules for serving a subpoena include:
The Rules of Civil Procedure outline the full rules and regulations for how and when a federal subpoena must be served. If you’re unsure about whether your subpoena service is following these rules, it is best to use a professional process server that is well-versed in all applicable laws and methods.
Though serving a subpoena in Texas isn’t largely different from federal subpoena services, there are a few variations you’ll want to keep in mind if you’re serving a subpoena in the Lone Star State.
For one, subpoenas can only be served by sheriffs, constables, deputies, court clerks, or process servers. Other adults over 18 may serve a subpoena if they are not involved in the case and as long as they have a written order from the court giving them permission. Professional process servers must hold certification from the Judicial Branch Certification Commission (LORR has this!). They also are monitored by a Process Server Certification Board.
Other rules for serving a subpoena in Texas include:
Like federal subpoenas, Texas subpoenas also must have a proof of service on file. It should include the witness’s signature, acknowledging receipt of the subpoena, or a statement from the serving, detailing the time, date, and place of the delivery.
Serving a subpoena properly and quickly is vital to any legal case, but it’s also a time-consuming and complicated process. Unless you have dedicated subpoena personnel who are well-versed in the process, it can be difficult to serve subpoenas efficiently and effectively all on your own.
That’s where LORR comes in. The go-to citation and subpoena service in Texas, we proudly serve subpoenas throughout the Lone Star State’s biggest cities, including San Antonio, Houston, Dallas, Fort Worth, Austin, and Corpus Christi. Our servers have worked with some of the state’s most renowned and well-respective firms and attorneys — and for good reason.
Our process servers can:
With decades of expertise and local knowledge, we can get your subpoenas served quickly, efficiently, and effectively while you focus on what you do best (winning your case!). Have questions? Wondering how much it costs to serve a subpoena through LORR? Ready to start serving your subpoena? Contact us today for more information.