Legal Question in Legal Ethics in Canada
Subpoenas
Hi. Just wondering if a subpoena can be accepted by anyone other than the actual party it is addressed to. What are the penalties involved if a person who appears on a subpoena does not show up for court?
1 Answer from Attorneys
Re: Subpoenas
Unless the person is a minor I believe a subpoena must be delivered to the person named in the document ie. personally served. If you were not personally served and do not appear then the person serving you must produce evidence that you actually knew of the contents of the subpoena. If they can do that the Court may deem the service good and sufficient. If it it a criminal matter it is unlikely the Court will do that. If the matter in issue is a civil dispute the test of proof is not as high. I cannot say what the result might be.