Can a Subpoena be Served by Mail? Obligations & Guidelines

A subpoena is a court order that requires an individual or entity to testify in court or provide specified documents relevant to a case. For a subpoena to be valid, the serving party must ensure the method of service is in line with the court rules. Serving a subpoena the wrong way, to the wrong person, or missing any requirement may affect the success of your case.

That’s why you need to understand the right methods of subpoena service in your jurisdiction. You can serve a subpoena by mail in most jurisdictions. However, there are specific requirements you must fulfill for the mailed subpoena to be valid, and these requirements may vary across different jurisdictions. In most cases, the law requires the server to use certified or registered mail in order to get a return receipt as proof of service.

On-Call Legal Process Servers are your go-to experts for subpoena services in California and nationwide. Our licensed process servers are always available to help you receive, file, and deliver your legal papers without delay. If you’re looking to summon a witness or obtain legal documents as evidence through a subpoena, the best step is to reach out to us for professional subpoena services and expert guidance throughout the process.

In this blog, you will learn about the legal requirements for serving a subpoena by mail, the common challenges of this method, and how to serve a subpoena by mail successfully.

Can a Subpoena Be Served by Mail?

Yes, it is legal to serve a subpoena by mail in most states in the US. However, the rules, requirements, and conditions for mailing subpoenas may vary from state to state. Therefore, you need to confirm that it is allowed in your state and what the specific requirements are for making the service valid.

According to the California Department of General Services, subpoenas to produce documents (subpoena duces tecum) may be served via mail in California. However, you’re required to add five days to the service time if you’re serving by mail. On the other hand, personal service is required for a subpoena where someone is obligated to provide testimony in court. The rules may be different for other states.

For example, the Arizona Legislature allows a party in a case to serve a subpoena by certified mail as long as it is delivered directly to the addressee. In Oregon, you must obtain the consent of the recipient before you can subpoena them by certified mail. To avoid violating your jurisdictional requirements for subpoena services, it’s best to hire a professional process server who understands all the applicable rules to handle your service of process.

Legal Requirements for Serving a Subpoena by Mail

In California, there are strict rules that you must follow when serving a subpoena by mail to be sure that the service is legally valid. These rules specify when you can serve a subpoena by mail, who can serve it, the process of service, the timing of the service, and proof of service. Let’s have a detailed look at each requirement.

1. When Can a Subpoena Be Served by Mail?

A subpoena can be served by mail if the trial court approves of it or if the parties involved consent to it. In fact, in some rare cases, especially in matters before the California Small Claims Court, the judge may reject personal service in favor of service by mail. Generally, serving by mail is commonly used for subpoenas when someone is required to attend a deposition, produce documents, or provide evidence.

2. Who Can Serve the Subpoena?

The person serving the subpoena must be at least 18 years old and not a party to the case. This can be a professional process server, a sheriff, an attorney, or any qualified individual who meets the eligibility criteria. To avoid mistakes that may render the subpoena invalid, the best option is to let a professional process server deliver your subpoena. With their experience on the job, you can be sure your papers will be served correctly.

3. How to Serve a Subpoena by Mail

Most times, subpoena service laws require that you use certified mail with a return receipt requested. The goal is to be sure there’s a record of delivery. The envelope must be addressed directly to the person being subpoenaed. You’re also required to include all required documents, such as the subpoena itself, a notice of deposition or production request, if applicable, and any fees or payments required by law, such as witness fees or mileage reimbursement.

4. Proof of Service

After mailing the subpoena, the server must complete a Proof of Service form. The form should detail the date and method of mailing, the address where the subpoena was sent, a copy of the certified mail receipt, and, if applicable, the signed return receipt confirming delivery. The serving party must also file the completed proof of service with the court.

5. Timing Requirements

As the party issuing the subpoena, you must allow extra time for delivery when serving by mail. Therefore, you’re expected to mail it well in advance of the compliance or court date. California law requires adding 5 calendar days to the deadline if the subpoena is mailed within the state. If mailing outside of California but within the U.S., add 10 calendar days.

How to Serve a Subpoena by Mail

As mentioned earlier, you must serve a legal document correctly to be sure it is valid. Serving a subpoena by mail requires that you follow the stipulated process carefully. Here’s a summary of how to serve a subpoena by mail in California:

1. Determine if Mail Service Is Allowed – You should confirm if subpoena service by mail is allowed in your jurisdiction. In some cases, you may need to get court permission or consent from the intended recipient.

2. Prepare and Mail the Subpoena – Make sure the subpoena is addressed directly to the recipient. Use certified mail with the return receipt requested so you can track the delivery and verify that the recipient received it. Alongside the mail, include any other necessary documents, such as a notice for a deposition.

3. Complete Proof of Service – After mailing the subpoena, fill out a Proof of Service form to confirm that you sent the subpoena properly. The Proof of Service should include the date the subpoena was mailed, the address it was sent to, and copies of the certified mail receipt and return receipt (if received). Then, file the completed Proof of Service with the court.

4. Allow Enough Time – It’s always better to mail the subpoena well in advance to give the recipient enough time to respond accordingly. Don’t forget to check the rules for timing requirements in your jurisdiction to be sure of valid service.

Subpoena Service by Mail for Different Types of Cases

The type of legal case, whether under civil or criminal law, influences the rules for serving subpoenas by mail. Civil subpoenas may require the recipient to attend depositions, appear in court, or produce documents, such as business records. Most civil cases allow subpoena service by mail, although specific requirements may vary between jurisdictions. 

In such cases, you must serve the mail in a way that allows for confirmation of receipt, such as certified or registered mail. For criminal cases, there are usually stricter requirements for serving a criminal subpoena due to the higher stakes involved. Although direct personal service by law enforcement or other authorized individuals is more common, mail service can also be used.

In terms of jurisdiction, federal cases can involve parties from different states or countries, making the rules for both personal service and mail service very important to understand and follow. Generally, federal rules allow for the service of federal subpoenas by certified mail. But, like in civil cases, federal subpoenas must be served through methods that provide a return receipt or proof of delivery.

To be sure you’re on track, stay up to date with the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure for proper guidance on acceptable methods of service, including by mail. No matter the scope of your case, it’s best to entrust your subpoena to a professional messenger service, as they understand the process and will help you serve the document effectively.

Pros and Cons of Serving a Subpoena by Mail

Serving a subpoena by mail can be an effective method in certain situations, but it comes with both advantages and drawbacks. Here’s a breakdown of the pros and cons to consider:

Pros of Serving a Subpoena by Mail:

• Mailing a subpoena is frequently less expensive than other methods of service, such as having law enforcement provide in-person service.

• You can send a subpoena at any moment using the mail service, eliminating the need to arrange an appointment with the addressee or process servers. If the recipient lives far away or is difficult to reach in person, service by mail can be really helpful.

• Using certified or registered mail and return receipts, you can obtain written evidence that the intended recipient received the subpoena. That way, you can avoid disagreements over whether the subpoena was served properly.

• Serving a subpoena via mail might lessen the need for direct confrontation or the involvement of law enforcement in delicate instances, which can make things less stressful for everyone.

Cons of Serving a Subpoena by Mail:

• Although registered or certified mail certifies delivery, it does not ensure that the receiver will open it. The legal procedure may be delayed if some persons reject or refuse to accept the mail. It gets worse if someone else accepts service on behalf of the named person.

• Mail service depends on the receiver replying or signing the document. This is in contrast to in-person service, where the server may immediately confirm the recipient’s identification and confirm that the named person got the subpoena.

• To serve a subpoena, you first need to determine how long it will take the recipient to get the mail. The legal procedure can get postponed if mail delivery is occasionally interrupted, misdirected, or lost. Failure to receive the subpoena on time may affect the case’s result or court deadlines.

• Particularly in criminal proceedings, many countries may have strict guidelines on the mailing of subpoenas. For instance, a court may need in-person service, or you might need permission from the court to serve via mail.

Common Challenges of Serving a Subpoena by Mail

There are several challenges you’ll likely encounter while serving a subpoena by mail. Especially in jurisdictions with strict conditions for process service, these challenges can affect the progress of a case. That’s why you need to understand these challenges so you can avoid or manage them more effectively.

1. One of the most common challenges is the lack of direct proof of receipt. Unlike personal delivery, where a process server can attest to delivering the document directly to the recipient, mail does not offer the same level of direct proof. This can make it difficult to confirm that the intended recipient actually received the subpoena. 

   To solve this, use certified mail with the return receipt requested or electronic delivery confirmation to provide proof of delivery. Alternatively, consider using electronic service methods if permitted by the court, as they can provide automatic confirmation of receipt.

2. Mail can be delayed, misplaced, or even lost. That’s why sometimes it’s difficult to find out whether the subpoena was delivered to the correct address or within the required timeframe. Such issues can delay the legal proceedings and may require the requesting party the subpoena to repeat the process. To avoid such back-and-forth, consider employing a professional process server for direct service.

3. Some recipients may refuse to accept mail when they suspect that it contains legal documents. This makes it challenging to prove that they were properly served. While certain jurisdictions may consider a refusal as an effective service, it may be a bit complicated to prove that the subpoenaed person did not actually accept the service. 

   To handle this, you should document attempts to serve by mail, including details of refusal. Also, you can seek court approval for alternative service methods such as publication in a newspaper, electronic service, or posting at the recipient’s last known address.

4. Unlike in-person delivery, it may be challenging to verify the recipient’s identity to prove that it was the intended recipient and not someone else who received the mail at the same address. This is particularly true in situations involving shared residences or office spaces. 

   The solution is to use delivery methods that require the recipient to present identification, such as a driver’s license number, when they receive the mail. You can also use electronic service methods that can authenticate the recipient’s identity. At best, consider involving a professional process server who understands how to attest to the recipient’s identity.

5. Different jurisdictions have different requirements for serving subpoenas by mail. The service requirements may specify the types of mail that must be used (e.g., certified letter, registered mail) and how proof of service must be documented. You need to comply with these rules to effectively serve a subpoena by mail. 

   Do your due diligence to identify and adhere to the jurisdictional service requirements where you’re serving the legal document. It’s recommended to consult with a local attorney for professional guidance.

6. Serving subpoenas to other countries comes with extra challenges. You have to deal with different international mail rules and agreements, such as the Hague Service Convention. You need to understand the relevant laws that apply to service by mail in other countries. To avoid costly mistakes, it’s best to hire a process server who is experienced in sending legal documents across borders.

How Much Does It Cost to Serve a Subpoena by Mail

On average, the cost to serve a subpoena by mail in California ranges from $40 to $100. This includes certified mail fees, witness fees, and any related costs. If additional services are needed, such as assistance from an attorney or process server, the costs could be higher. Therefore, exactly how much it costs to subpoena someone by mail depends on the following unit costs:

1. Certified Mail Fees/Postage Fees – The cost of certified mail through the United States Postal Service (USPS) typically ranges from $4 to $10, depending on the additional services selected, such as electronic or physical return receipts, the delivery speed, and the destination.

2. Witness Fees – A subpoena issued for someone to testify, such as in a deposition, requires you to include a check for the witness fee. The standard fee in most states is $35 per day plus mileage reimbursement for travel. These fees must be paid up front when serving the subpoena.

3. Document Preparation Costs – If you hire an attorney or use a process server to prepare or send the subpoena, they may charge additional fees. However, since serving by mail is simpler than personal service, these costs are usually lower than for in-person delivery.

4. Court Filing Fees – Some subpoenas, such as those related to depositions or records, may require filing with the court before they can be served. Court filing fees in California vary but can range from $15 to $60, depending on the type of subpoena.

How to Prepare a Subpoena by Mail

Whether it’s a deposition subpoena, a witness subpoena, or a subpoena to produce documents, the receiving party needs to understand the seriousness and legal obligations it imposes. This is because misunderstanding the document may affect their response and, as a result, land them in legal trouble.

Hence, you need to prepare and serve the subpoena in a way that makes it easier for the recipient to understand, so they can respond appropriately. To minimize misunderstanding, here are some steps you can take when serving a subpoena:

1. Use straightforward, easy-to-understand language in the subpoena. Explain what it is, why it has been issued, and what is expected of the person served. Avoid legal jargon as much as possible.

2. Highlight important details such as the response deadline, the nature of the requested information or action, and the consequences of non-compliance.

3. Provide a brief FAQ section addressing common questions about subpoenas, such as the recipient’s rights, how to comply, and who to contact for more information.

4. Include clear contact information for someone—a legal assistant, paralegal, or attorney—who can answer questions and provide guidance on how to respond to the subpoena.

How to Handle Recipient Refusal or Evasion

Service of a subpoena by mail may not be considered “effective” until the recipient acknowledges the receipt of the subpoena by telephone, by mail, or in person. When recipients claim non-receipt of a subpoena or actively avoid mail service, it can delay the legal process.

To address this issue, you’ll need a combination of legal knowledge, strategic planning, and preventive measures. Here are some tips to guide you.

1. Communicate clearly. As mentioned previously, clear and understandable communication in the subpoena can help minimize misunderstandings or intentional avoidance. If possible, engage with the recipient early in the process to explain the importance of the subpoena and the legal obligations it entails. This can help reduce fear or reluctance to comply.

2. Utilize technology such as certified mail with tracking, electronic service (if legally allowed), or other methods that provide proof of delivery.

3. Keep detailed records of all attempts to serve the subpoena, including dates, times, and methods used. This documentation is crucial for proving due diligence in serving the subpoena.

4. Seek court approval for alternative methods of service if you suspect evasion. This could include service by email, social media, publication in a newspaper, or posting at the recipient’s last known address or place of business.

5. In cases of continued evasion, request a court hearing to address the issue. The court may take further actions, such as holding the recipient in contempt or issuing a warrant, to compel compliance.

6. Consider employing professional process servers who have experience dealing with evasive recipients. These professionals often have strategies and legal means to serve documents successfully.

Looking for a Reliable Way to Serve Subpoenas?

In many jurisdictions, serving a subpoena by mail is a valid option, but it requires that you follow specific legal procedures, such as using certified or registered mail with a return receipt to prove delivery. Despite the ease and convenience that comes with serving a subpoena by mail, you should also be aware of the challenges, like non-receipt or disputes over authenticity.

To overcome these issues, it’s best to hand over your subpoena services to a professional process server who understands how to legally serve a subpoena in your jurisdiction. That way, you can be sure your documents are delivered safely and within the applicable rules to avoid legal penalties that may come with insufficient service of process. 

Here at On-Call Legal Process Servers, our experts have the expertise and experience to serve your subpoena and guide you through the process. Contact us today for a seamless, fast, and secure service of process.

FAQ

Why Did I Get a Subpoena in the Mail?

You got a subpoena in your mail because you’ve probably been invited for an in-person appearance in a legal proceeding. Alternatively, you were probably served for a personal appearance in a deposition or to produce documents relevant to a case in a federal or state court. If you got the court papers in your mail, chances are that the judge approved it. Your attorney may help you determine whether it’s valid or not.

What Makes a Subpoena Invalid?

A subpoena can be termed invalid if it is not served in the proper way as determined by the court. Appropriate service may be through mail, personal delivery, or even electronically, such as social media, email, and SMS. However, the exact process must be approved by the court. Otherwise, it will be termed invalid.

Another ground for the invalidation of a subpoena is if the originating court lacks jurisdiction, or if the subpoena requests confidential or privileged information such as attorney-client data. The same applies if the subpoena is delivered without the necessary witness fees for attendance and mileage.

Do Subpoenas Come in Certified Mail?

Yes, subpoenas can come in certified mail. They are usually served with a return receipt to prove that the subpoena was sent and received by the intended party. Once you receive a subpoena, do not ignore it.

Instead, take it, read, and analyze it. For cases where you find it difficult to comprehend the information that is required of you, do well to contact an attorney or reach out to the issuing party on the provided contact.

How Are You Supposed to Receive a Subpoena?

You can receive a subpoena by mail, in person, or via electronic means, such as social media, email, or SMS. It all boils down to the procedure the court approved and what is legally obtainable in your jurisdiction.

When received via mail, you’re to sign the return receipt acknowledging that you’ve been duly served. However, you don’t need to sign any papers if it was delivered in person. The process server will complete the proof of receipt form and return it to the issuing party.

Can You Mail a Subpoena?

Yes, you can mail a subpoena. But you must be sure that doing so will not be contrary to the rules governing process service in the recipient’s location.