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1. I'm issuing a summon right now and as fed.R.civ.P 4(1) I…

Customer Question
1. Hello I'm issuing a...
1. Hello I'm issuing a summon right now and as fed.R.civ.P 4(1) I need to state the date and time when the defendant will appear in court and defending themselves. I was just wondering if I just state the date and time myself along with the court order or will I have to seek a judge to get a hearing date for the defendant to defend themselves?
2. Was also wondering if I should have already requested for a subpoena for my neighbor to testify and the policies of the agencies that I'm suing since I have already filed my complaint and paid the filing fee and was also wondering how do I properly request for a subpoena and if it's too late to request for a subpoena?
3.After issuing the summons, what are the next steps do I take?
Submitted: 11 months ago.Category: Criminal Law
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Answered in 1 day by:
7/30/2017
Criminal Lawyer: N Cal Attorney, Lawyer replied 11 months ago
N Cal Attorney
Category: Criminal Law
Satisfied Customers: 9,790
Experience: Since 1983
Verified

Thank you for your question.

You cannot issue a summons in federal court.:

FRCP:

Rule 4. Summons

(a) Contents; Amendments.

(1) Contents. A summons must:

(A) name the court and the parties;

(B) be directed to the defendant;

(C) state the name and address of the plaintiff's attorney or—if unrepresented—of the plaintiff;

(D) state the time within which the defendant must appear and defend;

(E) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint;

(F) be signed by the clerk; and

(G) bear the court's seal.

Once the summons is issued it has to be served with the complaint on all defendants. A party to the case is not allowed to serve those documents and they are usually served by personal delivery by a process server.

You don't need a subpoena until you know the date of the trial or deposition at which you want the witness to appear.

After the summons is served, the defendant has to file a responsive pleading. If an answer is filed, the next step is to commence discpvery proceedings, usually by serving interrogatories.

If you are going to try to handle a case in federal court without an attorney, you will find some helpful materials at your County Law Library.

I hope this information is helpful.

If you tell what the case is based on and which court it is in, I can usually find a list of local attorneys who may be able to represent you, or at least offer you a free consultation.

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Customer reply replied 11 months ago
Invasion of privacy using the remote neural monitoring system(tracking device) without my consent. If you can give me a list of attorney who could possibly help, I would greatly appreciate it.
Customer reply replied 11 months ago
Also I will be suing in San Diego federal court against drug enforcement administration
Criminal Lawyer: N Cal Attorney, Lawyer replied 11 months ago

You can get a free consultation from some of the San Diego civil rights attorneys listed here.

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