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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117413
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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the form or write up of a waiver of Notice to serve subpoena

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the form or write up of a waiver of Notice to serve subpoena for document for discovery to the defendant for his right to Object in 20 days. Ques. if i did serve the subpoena and forgot to serve the defendant His Notice of my Intent to serve subpoena, will the subpoena be invalid, need to be reissued, and if defendant did grant the waiver...what if it was after the fact? would the waiver be harm-no foul    The 2nd part is stupid? i just read of a certificate prerequisite for service.  so this must be filed in court before even serving the subpoena,or not?if i get the waiver

Thank you for your question. I look forward to working with you again.

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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Customer: replied 3 years ago.

so, now when i reissue my subpoena, i'll still want the waiver if possible. could i get that form? is it just caption then a title then request on the form?

Yes, you can get the waiver, since the notice rule is for the benefit of the other party and not for the party being served the subpoena. It is to give them chance to object.

There is no actual "waiver of notice of intent to serve subpoena" form itself. You take the format used in PA Code RUle 4009.24 and modify it to state Waiver of Notice of Intent to Serve Subpoena and get the other part to sign. It is just caption and the request.
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