Legal Question in Civil Litigation in Maryland
Serving Subpoena or Summons
Person is frequently served with summons/subpoena to appear in court and often evades processor. Has an attorney who has appeared in court as attorney of record, representing that client in all court matters. Can the papers be served to and accepted by the attorney due to inability to make contact with the defendent or must papers be served directly and only to defendent? Defendent has ordered people at work not to let anyone get close enough to serve papers to defendent.
3 Answers from Attorneys
Re: Serving Subpoena or Summons
I can answer only as to Florida. You cannot serve the attorney. I am unclear why you would need to serve a represented ltigant in a pending matter. Are you perhaps referring to serving the individual in another unrelated matter(s)? If you wish to furnish additional information I will be glad to try to assist in response. A skilled private process server is a valuable asset.
Re: Serving Subpoena or Summons
Your question is confusing. If the person is already a litigant/party in a lawsuit, you do not need a process server to serve the litigant with any papers. You simply fax and/or mail them directly to the party or, if the party is represented by counsel, directly to the attorney for the party. Parties to a case do not need to serve one another with subpoenas, they simply request what they need through normal discovery methods. If you are referring to a new lawsuit unrelated to the pending matter(s), then you would need to serve the person, and not his/her lawyer. The only way you could serve his/her lawyer is if the person you want to serve authorizes his/her attorney to accept service of process and the attorney in turn communicates the same to you. Good luck.
Re: Serving Subpoena or Summons
If a person resists service of civil process by threats, violence, or superior force, or by preventing the officer serving the process from entering the premises so that the officer cannot serve the process without force or personal risk, the officer shall leave a copy of the process. Process may be posted on the premises as practicable. If you need assistance of an attorney, contact me at (410) 799-9002 or leave a voicemail at (410) 619-5918. Joe Holthaus