Legal Question in Constitutional Law in Colorado

correct subpoena procedure?

What is the correct procedure of serving a subpoena? Can the person being served refuse the subpoena, and , if so, on what terms? If the person being served simply will not physically accept (i.e. take in his/her hand) the legal documents, is that person officially served with the subpoena?


Asked on 11/19/02, 6:02 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: correct subpoena procedure?

to be personally served, the process server must be able to identify the recipient and tell them they have been served - no physical touching involved - you cannot reject the subpoena - it can be through a door etc.

A subpoena may be challenged as not served, irrelevant, harassment etc. But, until it is quashed by a court, it is a court order to appear at a certain time and date and place and failure to do so may result in a contempt citation and jail or a fine.

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Answered on 11/19/02, 7:45 pm


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