Legal Question in Real Estate Law in California
Subpoena
Can I be served a Subpoena via e-mail
3 Answers from Attorneys
Re: Subpoena
No. A subpoena must be personally served in order to be valid and enforceable.
Re: Subpoena
Unless you had agreed in advance in writing that you may be served by e-mail, it is not a proper means of service. You would have to be personally served.
Re: Subpoena
First, is the subpoena issued by or for a California State Court, or a Federal court?
Second, are you a party of record in the action, a party for whose benefit the action is being prosecuted or defended, or are you the officer, director or agent of such a party?
I would say that if the case is in a California State court and you are not a party, etc., but merely a witness, the subpoena by e-mail is ineffective (see In re Abrams (1980) 108 Cal.App.3d 685).
If the case is in Federal Court OR if you are a party, etc., the service by e-mail on your attorney MIGHT be sufficient if you or your attorney had previously agreed to service of documents on you by electronic means.