Expert: Robin Sexton - 5/22/2008

Question
Hello,
      Can you be obligated to attend court when you receive a subpeona via mail? I was under the impression that you must be served in person. The subpeona says that I must call and will be placed on-call. But what if I would of never received the letter? Please help!!!

Thank you
RH  

Answer
Raquel,

It is pretty common to receive subpoenas' by mail, however the validity of service is often questioned.  Sometimes the subpoena is served via certified mail which would be valid.  Regular first class probably isn't and the subpoenaing authority is counting on your good citizenship.  There may be a local court rule on it also.  You would have a built in defense if there was an issue of contempt.  Their next course of action could be to adjourn the case until you are served properly.  The final decision is yours.  You can ignore the subpoena and the case may or may not continue, i believe the chances of being help in contempt are slight.

Good Luck


Robin