Process servers play a critical role in the legal process, even more than most people realize! Process servers are responsible for delivering and serving papers that initiate the lawsuits and other legal matters. Without them, the judicial system would grind to a halt.
In particular, process servers deliver complaints, summonses, and subpoenas. A subpoena has the potential to hold great power in court proceedings.
The Basics of a Subpoena
A subpoena can occur in two forms. First, you may be called upon to testify in court on a certain matter. It is also possible to receive a subpoena that requires you to produce written materials, documents, or evidence relating to a court case. If you ignore your subpoena, you might be subject to fines, jail time, or even both in severe situations.
A civilian cannot issue a subpoena, though; only attorneys can issue a subpoena with the permission of the court. It might be hand-delivered, emailed, or sent through certified mail.
Why Are Subpoenas Needed?
A subpoena grants attorneys a way to seek the proof needed to achieve a victory for their clients in court. This is common in criminal cases, child custody hearings, personal injury cases, and more.
If you are subpoenaed to appear in court, it means you could potentially have valuable information regarding a defendant, plaintiff, or specific event called into question in the court case. This is how criminal attorneys obtain witnesses who can provide a third party perspective of an event or issue.
Subpoenas that require certain evidence or materials to be produced may demand blood test information, computer files, medical bills, DNA samples, employee records, insurance records, and more.
If You Receive a Subpoena from a Process Server
Don’t ignore it! There can be severe punishments for neglecting a subpoena. If you’ve received one, it means your input is somehow valuable to an ongoing legal case, so you need to handle it.
Most people simply follow the instructions and move on, but others seek legal help to refuse the subpoena if the sought information is privileged or violates the constitutional right against self-incrimination.
