Legal Question in Civil Litigation in New York
serving subpoena to a person in New York city for a case in Southern district of New York can one deliver it to anyeone in the office for a specific personin that office or do you have to give it in the hands of the person for it to be good service? Canyou also send subpoena by certified mail or federal express forit to be good service. If seving a person at their residence do you have togiveit in their hand especially in an apartment building or leaving it with their doorman is OK? can one send a subpoena to someone's esidence by certified mail?
1 Answer from Attorneys
The subpooena has to be served in the same manner as a summons. This means, among other things, that the person serving the subpoena has to be an adult who is not a party to the lawsuit. Also, serving process in New York City calls for a license, because the questions you are raising do not have a single answer. Substantial training is required before a person is qualified to servce process. But to answer your question, you have to put the subpoena (and the fee) in the hands of the witness, or to a competent adult who is willing to accept it. Under some circumstances, you can serve a "conspicuous place" but it is hard to show that you are entitled to such substituted service.
Hire a process server and do it right.
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