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Lucy, Esq.
Lucy, Esq., Attorney
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I have a civil case going to court and i have a subpoena to

Resolved Question:

I have a civil case going to court and i have a subpoena to serve on a witness, I went to serve the subpoena at a confirmed address, for this person, but it was an open field, nothing there, can i serve the subpoena to their relatives or parents, at their confirmed address. it is less than a mile away.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Unfortunately, you can only serve the subpeona to the person's parents home if you have reason to believe that he currently lives there. The law provides for personal service or by delivering a copy to his home or usual residence. Rule 45. You can try asking the parents if they will give you a mailing address (or have someone else call and ask, if they know you), or check real estate records to see he owns a home nearby. You could also wait to see if he appears at his parents house and then have it hand-delivered to him. But if you served the subpeona at his parents house, you wouldn't have the ability to enforce it if he failed to appear in court, because he doesn't live there.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

I know that he has lived there before, i just don't know if he lives there now and I know that his son lives there now. would it do any good to go to the sheriff's office to have them serve the subpoena, they might have a better idea of where he is residing, at this time.

Expert:  Lucy, Esq. replied 1 year ago.
Some sheriff's departments will only serve a subpeona at the address you provide - you'd have to ask if they would be willing to try to track him down. If you know where he works, or where he'll be at any given moment, you can try to have him personally served that way. But you can only serve his parents house if you can state honestly some reason to think he's living there. Knowing he lived there before isn't necessarily enough. If his son who is living there is a minor that he has custody of, that would help. If you've seen his car there regularly or know people who have seen him coming and going in a manner consistent with living there, that would also help.
Customer: replied 1 year ago.

I know that he has had custody of his son sense he was 11 years old, but he's not a minor anymore. I kind of knew what your answer would be, so I guess I.m SOL. so I'll rate your answer and pay you. thank you for your time,in this matter.

Expert:  Lucy, Esq. replied 1 year ago.
You're welcome. Good luck tracking him down.

If you literally cannot come up with any other possible way to serve him, you can try filing a motion asking the judge to authorize service at that address. There's just no guarantees that it will be allowed, and you'll have to show everything else you did to try to locate him.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19845
Experience: Lawyer
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