Hello,

If the party who is being subpoenaed is actually deceased, then writing on the notice and returning it would be a way of notifying the sender that the party they are trying to reach is deceased. If two people share the same name with a Jr. or a number I, II, etc. then the subpoena would have to be addressed to the correct person under their full legal name in order to be effective. For example, XXXXX XXXXX and XXXXX XXXXX Jr.. If you want to subpoena Jr., the subpoena would have to say Jr.

There should be information on the subpoena who the requesting party is. Return it to that party with the note that the person named is deceased and that should end any type of service issues from that party.

If someone is properly subpoenaed and does not appear, they can be held in contempt of court and a bench warrant for their arrest can be issued.

I hope this helps.

Thanks.

Matt

My ultimate goal is your satisfaction. I hope you have a better understanding of your legal issue as a result of my comments. I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you need any assistance in the future with additional questions, you may request me personally by putting my name in the subject line. Thank you for your consideration.

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. I am neither establishing nor accepting an attorney-client relationship with you.