If you need to serve a subpoena to a person or a company in California, summoning them to appear in court or to provide necessary documents that you can use in your case, you have to follow a specific process that can be daunting if you’re not familiar with it. In this article, we will discuss the rules of California subpoena serving and the steps that you can take.
California Service of Process Rules
The California Code of Civil Procedure establishes the rules for the service of process the state’s residents use. The following are a few key points to remember.
- All papers must be served personally by handing them to the individual or, if that’s not possible, by leaving them at their home or place of business with someone who is over 18 years old and authorized to receive them.
- If you’re serving a subpoena on a business, you can also serve it on an officer, managing agent, or general partner of the business.
- You can’t mail the papers to the person being served unless the court has given you permission to do so.
- You have to fill out and sign a Proof of Service form after serving the papers. This form needs to be filed with the court.
- The person being served has to be given enough time to respond. The amount of time will depend on how far away they live from the court and whether they’re being served inside or outside California.
5 Ways to Serve a Subpoena in California
When serving court papers California defendants should adhere to, you will not be limited to one method. As you can see, there are several ways to do it, but the following are the most commonly used approaches.
- By the Court’s Sheriff
- By a Professional Process Server
- By a Substitute Service
- By Registered Mail (with restrictions)
- By Publication
Let’s take a more detailed look at each option.
By the Court’s Sheriff
If you want to have the sheriff serve your papers, you need to fill out the subpoena form MC-025 and have it issued by the clerk of the court. You will then take this form to the sheriff’s office in the county where you want the papers served. Ask them how much it will cost to have them serve the papers for you.
You should also make sure that you have enough copies of all of your documents, including the Proof of Service form. Once the papers have been served, the sheriff will fill out the Proof of Service and return it to you so that you can file it with the court.
By a Professional Process Server
If you want to hire a professional process server, there are a few things that you need to do first.
You will need to contact a local process serving company and provide them with all of the relevant information about your case, including the name and address of the person who needs to be served. The process server will then serve the papers on your behalf and will usually charge you a fee for their services.
By a Substitute Service
If you are having trouble with California subpoena serving, you may be able to ask the court for permission to do a substitute service.
To do this, you need to fill out the Request for Order form (form MC-030) and submit it to the court. The judge will then decide whether or not to allow you to do a substitute service. If they agree, they will sign an order that will give you permission to serve the person by another method, such as leaving the papers with someone at their home or work.
You will then need to fill out the subpoena form and have it issued by the clerk of the court. Once you have the order and the subpoena, you can serve the papers to the person by following the instructions in the order.
By Registered Mail (with Restrictions)
Another way to serve a subpoena is by registered mail, but there are some restrictions on this method.
You can only use registered mail if…
- The person being served agrees to accept service by registered mail.
- The court has given you permission to do so.
- The person being served is outside California, and it would be too difficult or expensive to serve them in another way.
If you want to serve someone by registered mail, you need to fill out the subpoena form and have it issued by the court’s clerk. You will then need to fill out a Proof of Service by Mail form (form POS-010) and send it, along with the subpoena and any other required documents, to the person being served by registered mail.
The person being served has to sign the Proof of Service form and return it to you so that you can file it with the court.
By Publication
If you weren’t able to find the subpoena recipient, you may be able to serve them by publication.
In this service of process California litigants and lawyers use, you will place an advertisement in a newspaper that is published in the state and that is likely to be seen by the person you are trying to serve.
After filling out the subpoena form and having it issued by the clerk, you will then need to fill out a Proof of Service by Publication form (form POS-020) and submit it to the court, along with a copy of the advertisement that you placed in the newspaper.
The court will then decide whether or not to allow you to serve the person by publication. If they agree, they will sign an order that will give you permission to place an ad in a newspaper for a certain amount of time.
Why Is It Best to Use a Professional Process Server
While you can serve someone yourself, it is often best to hire a professional process server.
Apart from knowing the serving subpoenas in California like the back of their hand, process servers are trained in the state’s law and know how to properly serve papers. They also have access to resources that you may not have, such as databases that can help them find someone’s address.
Hiring a process server can save you time and money in the long run. It is also less likely that your case will be delayed if you tap on the expertise of this professional.
Subpoena Serving FAQs
Q: How long does it take to serve legal papers in California?
A: The amount of time it takes to serve papers in the state will depend on the method of service that you use. If you are able to do a personal service, it will usually take between three and five days. If you have to do a substitute service or registered mail, it may take longer.
Q: How much does it cost to serve someone with legal papers in California?
A: The cost of California subpoena serving will also depend on the method of service that you use. If you hire a professional process server, they will charge you a fee for their services. If you do a personal service, there is no cost other than the filing fees for the subpoena and Proof of Service forms.
Q: Do I need to hire a lawyer to serve someone with legal papers in California?
A: No, you do not need to hire a lawyer to serve someone with legal papers in the state. However, it is always best to consult with an attorney before taking any legal action. They can advise you on the best way to serve the person and can help you fill out the necessary paperwork.
Q: Where can I find more information on serving subpoenas in California?
A: You can find more information on serving subpoenas in this state by contacting your local county court or searching online for resources. The California Courts website also has helpful information on the service of process.
Conclusion
Serving a subpoena in California can be a complicated process, but it is important to know the ins and outs if you are involved in a legal case. Whether you hire a professional process server or choose to do it yourself, make sure that you follow the proper steps and procedures to ensure that the person being served is properly notified of the lawsuit. With the right preparation, serving a subpoena can be a relatively straightforward process.
Do you have other questions about California subpoena serving? Leave them in the comments below. And, feel free to check our other articles for more information related to the law.
Thanks for reading!
