Legal Question in Civil Litigation in California

Re: Service for Federal civil subpoena

You need to be discussing these questions with the attorney you indicate you have. Now, if you don't yet have counsel, and if the case and court are in SoCal, feel free to contact me if you want the legal help you'll need to bring appropriate motions to dismiss.

Re: Service for Federal civil subpoena

Mr. Cohen has cited the applicable Federal Rule of Civil Procedure, Rule 45, which governs this matter.

Personal service of a deposition subpoena is required, unless you consent to accept service by mail (which obviously you have not). Also, you cannot be required to attend a deposition outside your State of residence with a federal civil subpoena. If you are personally served a new subpoena issued by a federal court here in California, the designated location of the deposition must be within 100 miles of where you live.

The party issuing the subpoena must tender the statutory witness fee and mileage at the time the subpoena is served, but ordinarily does not have to pay your attorney's fees, unless the party or his atty fails to take reasonable steps to avoid imposing undue burden or expense on you. Sanctions for failing to do so can include reasonable atty fees and lost earnings. (See Rule 45(c)(1), FRCP (2007 Amendment).)

You should probably discuss this with your atty in any case, in view of the history of this matter that you refer to.

Re: Service for Federal civil subpoena

Mr. Cohen has cited the applicable Federal Rule of Civil Procedure, Rule 45, which governs this matter.

Personal service of a deposition subpoena is required, unless you consent to accept service by mail (which obviously you have not). Also, you cannot be required to attend a deposition outside your State of residence with a federal civil subpoena. If you are personally served a new subpoena issued by a federal court here in California, the designated location of the deposition must be within 100 miles of where you live.

The party issuing the subpoena must tender the statutory witness fee and mileage at the time the subpoena is served, but ordinarily does not have to pay your attorney's fees, unless the party or his atty fails to take reasonable steps to avoid imposing undue burden or expense on you. Sanctions for failing to do so can include reasonable atty fees and lost earnings. (See Rule 45(c)(1), FRCP (2007 Amendment).)

You should probably discuss this with your atty in any case, in view of the history of this matter that you refer to.

Re: Service for Federal civil subpoena

They have to pay the statutory witness fee, plus your travel expenses and per diem. I don't believe regular mail is sufficient service, but I could be wrong.

Re: Service for Federal civil subpoena

The Federal Rules of Civil Procedure, Rule 45, specifies that service must be personally made:

(1) A subpoena may be served by any person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and, if the person�s attendance is commanded, by tendering to that person the fees for

one day�s attendance and the mileage allowed by law. When the subpoena is issued on behalf of the United States or an officer or agency thereof, fees and mileage need not be tendered. Prior notice of any commanded production of documents and things or inspection of premises before trial shall be served on each party in the manner prescribed by Rule 5(b).

(2) Subject to the provisions of clause (ii) of subparagraph (c)(3)(A) of this rule, a subpoena may be served at any place within the district of the court by which it is issued, or at any place without the district that is within 100 miles of the place of the deposition, hearing, trial, production, inspection, copying,

testing, or sampling specified in the subpoena or at any place within the state where a state statute or rule of court permits service of a subpoena issued by a state court of general

jurisdiction sitting in the place of the deposition, hearing, trial, production, inspection, copying, testing, or sampling specified in the subpoena. When a statute of the United States provides therefor, the court upon proper application and cause

shown may authorize the service of a subpoena at any other place. A subpoena directed to a witness in a foreign country who is a national or resident of the United States shall issue under the circumstances and in the manner and be served as provided in Title 28, U.S.C. � 1783.

Depending on where in California you're located, I might be able to assist you at the deposition. I'm in San Francisco.