Legal Question in Family Law in Iowa
I was given a subpoena by the Respondant of the case. It has a time date and place I need to be on it, and the Respondant lawyers signature. Was I serviced correctly? It's a custody case and I am a witness to an assault that occurred by the petitioner. However, the Respondant met me at Wal-Mart at 9pm and handed it to me. Was I survived correctly and will I go to jail if I don't go?
2 Answers from Attorneys
You won't go to jail if you don't show up.
If you signed accepting service by a party it is legal but generally not done-it is far more reliable to employ a professional process server or the county sheriff.
If you did not sign anything, the service is ineffective.
The person will also have to file a return of service with the court
They were trying to save the twenty dollars it costs to have the sheriff serve you.
After further research I am going to amend my answer in the negative.
You may disregard my previous answer as it was incorrect.
Service is ineffective and improper because it is service of a subpoena by a party.
See, Iowa R. Civ. P. 1.1701(3) which states that any person who is at least 18 years of age and not a Party may serve a subpoena.
Since this person is a party, they have not served you properly, service is ineffective, and their lawyer should have known better.
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