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Subpoena Question

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divanumber1

Junior Member
What is the name of your state (only U.S. law)? AZ

How must a subpoena be legally served? I have two front doors - a regular door, and a security screen door. I only opened the regular door, but kept the security door closed. The server said I was served, I said "no", he said "yes", and just dropped the ticket on the doorstep in front of my door. Does it have to be in my "hands" to be legally served? I have not touched the subpoena yet! Thank you!
 


I_Got_Banned

Senior Member
You can go out there and get your papers... You've been properly served.

(d) Service of Summons Upon Individuals. Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the pleading to an agent authorized by appointment or by law to receive service of process.
 

CdwJava

Senior Member
It certainly sounds as if you have been legally served.

From ARS 13-4072:

A. A subpoena may be served by any person.

B. A subpoena may be served by any of the following methods:

1. Personal service.

2. Certified mail.

3. First class mail, if a certificate of service and return card is returned by the addressee.

C. Personal service of a subpoena is made by showing the original to the witness personally, informing him of its contents and delivering a copy of the subpoena to such witness. Written return of service of a subpoena must be made without delay, stating the time and place of service.

D. Subpoenas may be served by certified mail for delivery to addressee only. The subpoena shall be registered and mailed, postage and registry fee prepaid, to the addressee with a request endorsed on the envelope in the usual form for the return of the letter to the sender if not delivered within five days. The receipt of such certified letter by the addressee is deemed valid service upon him and the returned receipt signed by the addressee named in the subpoena is prima facie evidence of notification.

E. Subpoenas may be served by first class mail if the addressee is supplied with a certificate of service and return card. The return of such card signifies and states that the addressee has received official notice to appear in court, that he waives all further service of subpoena and that he submits to the jurisdiction of the court for the purposes set forth in the subpoena. The return of the signed card is prima facie evidence of notification.

F. A peace officer shall serve in his county any subpoena delivered to him for service, either on behalf of this state or the defendant.

G. The methods described in this section also apply to out-of-county subpoenas as set forth in section 13-4076.​

Of course you are free to ignore the subpoena service, risk arrest for contempt of court and a subsequent trial on that new charge if you so desire.

Is it really worth the risk?

- Carl
 

rickr

Junior Member
I have a current issue in which we were not aware that we had been served. My wife called the clerks office and she was told that the subpoena had been taped to the door of our house. Is this a legal way to be served in Mississippi? What makes this really bad is that because we were not aware of a being summoned and therefore did not appear there was a ruling against us in what would have been a no lose situation against someone claiming to have been sideswiped by my vehicle. Now I have to figure out how to make this right after the fact.
 

I_Got_Banned

Senior Member
I have a current issue in which we were not aware that we had been served. My wife called the clerks office and she was told that the subpoena had been taped to the door of our house. Is this a legal way to be served in Mississippi? What makes this really bad is that because we were not aware of a being summoned and therefore did not appear there was a ruling against us in what would have been a no lose situation against someone claiming to have been sideswiped by my vehicle. Now I have to figure out how to make this right after the fact.
Please start your own thread.
 

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