Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
Good Afternoon, I need to serve a sub poena to the plaintiffs in an adversary matter which is set for trial on Sep23 in the bankruptcy court. I am afraid the plaintiff will not show up and I want to make sure there is a court order that they show up for trial or they be held in contempt of court and the case dismissed. So here are my questions 1.How do I get this subpoena filled and served to the plaintiff? http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO088.pdf 2.It says it needs the signature of Clerk of courts, but I called the clerk of courts at the bankruptcy and they say they dont know anything about this? 3.After I fill it, How do I get it served? Does the court do it or I can mail it or find somebody online - what do I search for? 4.This will be served to the plaintiffs attorney, Can he refuse these? Or set them invalid to allow the trial to be done in absentee of the plaintiffs? 5.What is my other recourse to make sure the plaintiffs appear in the court? Thank you for your time; Response: For the step-by-step instructions on how to complete and serve the Subpoena, see Federal Rules of Civil Procedure Rule 45(a) and (b).
First, you must take the Subpoena to the Clerk's Office and have the Clerk sign and date the blank Subpoena form.
Then you would complete the rest of the Subpoena form with the exception of the Proof of Service Section.
Then make a copy of the Subpoena before servicing it on the Plaintiff—being giving it to your Process Server to serve on the Plaintiff.
After service is made on the Plaintiff, your Process Server would complete the Proof of Service Section.
You would make a copy of the Subpoena with the completed Proof of Service Section for your records BEFORE filing the original Proof Service with the Court: Click on the link below for Rule 45 of Federal Rules of Civil Procedure:
Rule 45 You should review the Rule very carefully as it lays out steps you must follow to successfully serve the subpoena on the person that you want to force to come and testify. It also has information on how the person being served with the subpoena can object to it or file Motion to quash the subpoena.
Mr Phillips, Your answers are very well detailed. Thank you. Did you get a chance to see the rest of the questions on the same thread? Your answers would be helpful in getting my process started.
Thank you again
I am facing a complication here. This case is an adversary case filed in the bankruptcy court. The palintiffs are residents of Bulgaria and they are not even in the country now. The trial is up for hearing on Monday 23rd September and I am representing ProSe as I couldnt afford my attorney anymore and he filed for withdrawal in August. Now while I prepare for the trial, it is important for me to cross examine the plaintiffs as they have many cracks in the case. However their attorney indicated that they would not be present for the trial and that he intends to use their last video deposition for the same. I think this will hurt my defense, and I sent a subpoena yesterday and it is in process of being served today. Can you suggest How can I make them appear for Trial or ask Judge to dismiss the case? What happens if the attorney doesn't accept the subpoena or he does and tries some other trick in the book to quash it? Is there a Motion I can file to have the judge order the Plaintiffs to be present in the court for the trial? or dismiss the case? Pls suggest a detailed answer. Thank You.
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