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Yes, a failure to file a notice of intent to serve a subpoena can mean the subpoena is invalid and you have to do it all over again. However, if the defendant did grant a waiver of the notice of intent to serve then it can still be invalidated by the court. The law on the notice of intent to serve a subpoena is really ridiculous, but it is to make sure the court can review why a subpoena is being issued so it is not just sent to harass someone.
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