Service of Process
Criminal Subpoena
Subpoena: (Criminal) A subpoena commands the
appearance of
an individual and/or the production of specified items
before the court of issuance.
Issued By: It may be issued by a Judge, Magistrate or the Clerk of
Court upon request by either defense or plaintiffs attorney.
Subpoenas are also issued by the clerk, signed, sealed, and
otherwise blank, to Federal agencies and attorneys.
Territorial Limits: A criminal subpoena may be served anywhere
within the United States or its territorial possessions, or in a
foreign country pursuant to 28 USC 1783, however the U.S.
Marshals Service does not make the service in a foreign
country.
Served By: Service may be accomplished by a United States
Marshal, Deputy US. Marshal, or any person who is
eighteen years of age or older who is not a party to the case.
Manner of Service: A copy of the subpoena must be personally
served upon the within named individual. in person. If a
non-incorporated company or partnership is to be served,
services can only he made on the legal owners or partners.
Service should be made on a corporate officer or a person
designated as an agent, for the purpose of accepting service,
if the Subpoena is for a corporation. The original is returned
to the court through the United States Marshal for the
issuing district."
Return: The individual sewing the process shall execute the return
in the space provided at the bottom of the subpoena
original or on a Form USM-285, and then shall forward it to
the court of issuance through the United States Marshal for
the issuing district.
The required fees must be tendered to the witness
upon service of a subpoena on behalf of a defendant.
Note: The information related to the service of
court process that is contained on this web site is general information
and not intended to be an exhaustive or definitive explanation or depiction
of Federal rules of procedures for the service of process.
Readers are directed to the Federal Rules of Criminal and
Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28;
their local
U.S. Attorney's Office and District Court for
specific, authoritative guidance.
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