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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 01-01-2003, 10:43 PM
daxwell
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Question

Subpoena


What is the name of your state? Michigan
I know someone who has an unserved subpoena to appear in court yet has not been successfully served either personally or by phone or by registered mail. What happens if proper service under these criteria does not occur.....i.e. is there a way for the court to rule that due diligence was given regardless of actual service and thereby issue a warrant for contempt or does proper service need to occur???? I researcned and read about a certificate that can be filled out (lied about) to state that service was made. Please help.....
  #2  
Old 01-06-2003, 07:01 PM
Mike101
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Service has got to be made. On the back of the subpoena or the front you have a spot to fill out when you serve it. Tells how it was served, who served it and when. Then the person who served it signs it.
Its always possible to lie about serving a subpoena. I don't believe it happens often though.

Last edited by Mike101; 01-06-2003 at 07:20 PM.
  #3  
Old 01-06-2003, 07:12 PM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,502
Proper Service as provided by Michigan Code of Civil Procedure:
"Rule 2.105 Process; Manner of service
(A) Individuals. Process may be served on a resident or nonresident individual by,
(1) delivering a summons and a copy of the complaint to the defendant personally; or
(2) sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service is made when the defendant acknowledges receipt of the mail. A copy of the return receipt signed by the defendant must be attached to proof showing service under subrule (A)(2).
(B) Individuals; Substituted Service. Service of process may be made
(1) on a nonresident individual, by
(a) serving a summons and a copy of the complaint in Michigan on an agent, employee, representative, sales representative, or servant of the defendant, and
(b) sending a summons and a copy of the complaint by registered mail addressed to the defendant at his or her last known address;
(2) on a minor, by serving a summons and a copy of the complaint on a person having care and control of the minor and with whom he or she resides;
(3) on a defendant for whom a guardian or conservator has been appointed and is acting, by serving a summons and a copy of the complaint on the guardian or conservator;
(4) on an individual doing business under an assumed name, by
(a) serving a summons and copy of the complaint on the person in charge of an office or business establishment of the individual, and
(b) sending a summons and a copy of the complaint by registered mail addressed to the individual at his or her usual residence or last known address."
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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