Legal Question in Civil Litigation in New York
Subpeonaing a person
I am considering bringing a case against someone, but have a
few questions. I would like to know what it costs to subpeonaing a
person? What if the person isn't there to accept the subpeona? Do
I have to pay every time there is a failed attempt? What happens if
the person doesn't show at the court date? Thank you for you time.
2 Answers from Attorneys
Re: Subpeonaing a person
Subpoenas need to be served through a process server. There is no statutory cost but rather it is based on the individual process server's fees (generally approximately $30-60 per service). The process server will charge you for each attempted service. If the person doesn't show up at court, and they were served properly, a court could hold the witness in contempt which could result in fines and/or jail time but as a practical matter, this rarely happens.
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Re: Subpeonaing a person
If the person is the party to the action, you can reach them by sending a discovery request or deposition notice. If a non-party, you will need to try to send subpeonas and it will depend upon your process server as tp costs. If they fail to show up, the court can put them in contempt.
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