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Question

A Subpoena reDeposition was sent via UPS (overnight) to my office. Since I was not present, as I required to appear?

Submitted: 681 days and 11 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Optional Information:
Orange, California

Already Tried:
Nothing. The office just received the UPS package today.

Posted by Michelle 680 days and 18 hours ago.

Answer

Dear XXXXXXXXXXXX

Unfortunately, you have been appropriately served - this is called "substituted service" which is usually done when someone has been avoiding service - when that occurs the law allows for service via mail However, the envelope needs to be marked "personal and confidential" -

"Substituted Service" is the personal service of the Subpoena on someone other than the the witness at the actual place of business or place of residence of the witness. The server must then mail a copy of the Subpoena to the witness by nothing less than first class mail to the actual place of business or place of residence of the witness.

There is also "Conspicuous Service" which is the service of the Subpoena by leaving it at the residence or place of business of the witness. Prior to leaving the Subpoena, the server must make at least two attempts. If no one is found on either attempt, on the third try the Subpoena may be affixed to the door with adhesive tape, and a copy must be mailed to the residence of the witness by first class mail. Again, the envelope must be marked "personal and confidential"

Best of success to you,

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

 

679 days and 19 hours ago.

Reply

Reply to Michelle's Post: Thank you for your response. However, there has been no attempts of personal service and I am not often at my office (I generally work from my home). Also, I'm not sure that the envelope was marked "personal & confidential". Therefore, have I really been served?

Accepted Answer

Dear XXXXXXXXXXXX

Under "substituted service" you would be served even with no attempts to do it personally. Apologies if I was not clear in my original answer. The "conspicious service" requires the attempts. And there is no specification that it be at your home as the law states "residence" or "business" - the only thing you might be able cling to is if you have the envelope without it being marked personal and confidential - even then that would be service - but you would be able to file a lawsuit because it was not marked as such.

I wish I could interpret the law differently for you.

Best to you in this matter,

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

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Expert: Michelle
Pos. Feedback: 99.6 %
Accepts: 
Answered: 1/13/2008

Paralegal

31 years of experience in criminal, real estate, juvenile and family law

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