Legal Question in Real Estate Law in California

Subpoena

Can I be served a Subpoena via e-mail


Asked on 3/08/07, 5:05 pm

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Subpoena

No. A subpoena must be personally served in order to be valid and enforceable.

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Answered on 3/08/07, 5:24 pm
Robert F. Cohen Law Office of Robert F. Cohen

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.

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Answered on 3/08/07, 5:26 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 3/08/07, 6:46 pm


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