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#1
11-04-2009, 12:00 PM
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 Out of State SubpoenaWhat is the name of your state (only U.S. law)? Massachusetts I currently reside in Massachusetts but over the summer I workerd as a booking officer in Maryland. A subpoena was sent to my parent's address, which is in Maine. I called the State's Attorney's office in Maryland questioning the validity of service. They said that it was sent to the police department where I worked at, which means it was valid service and it was my fault that I didn't give the police department my new address. Is this valid service?? Thanks in advance for the replies! |
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#2
11-04-2009, 12:52 PM
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| Depends... On who issued the subpoena, what the subpoena is for, whether or not you are a party to the case... |
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#3
11-04-2009, 04:53 PM
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| The State's Attorney's office issued the subpoena and it is to provide a deposition in court because there are no written depositions in court. Lastly, I'm not sure what you mean by being a "party" to the case... |
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#4
11-05-2009, 02:18 PM
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| are you the plaintiff or defendant? or just a witness? |
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#5
11-06-2009, 12:21 PM
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| Its up to the plaintiff to do their due diligence on where you live. Just because the police department where you work did not have your current address is irrelevent. They should've hired an investigator and sent something certified mail, or had it hand delivered to you. Whatever judgements come up as a result of this will be invalid. And to secure judgement, again, the plaintiff has to prove that you were properly served. |
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#6
11-06-2009, 03:46 PM
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"State's Attorney" implies a criminal caseWhat seems to be overlooked here is that the OP indicates the subpoena is being issued via the State's Attorney's office. That would imply that the OP is being summoned to appear as a witness in some criminal matter. The Original Poster has not given a full and clear picture of what is going on. What is the underlying matter? Are you being asked to show up in Court to defend some civil lawsuit, or are you being asked to appear as a witness in some criminal prosecution? If the matter is the State's prosecution of a criminal, you may decide to appear without a valid subpoena service as a civic duty gesture, since otherwise the criminal accused may well get a free pass (assuming evidence in your possession of guilt). Something to think about. Last edited by haplesshome45; 11-06-2009 at 03:48 PM. |
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#7
11-10-2009, 02:15 PM
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| Well im supposed to be a witness of the state. Don't they have to send a subpoena to the court district that I live in and then I have to testify in my district an undue burden, and then it is at that time that they can either issue a subpoena in another state or not...? |
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