A subpoena might sound like something that belongs strictly in episodes of Law & Order, but the truth is that you might find yourself served with a subpoena without expecting it. Since subpoenas come in many different forms and are governed by specific laws, it might be helpful to understand the basics.
What is a Subpoena?
At its most basic form, a subpoena is a court-ordered demand to do some specific action. There are two main types of subpoenas: the kind that requests that you provide a specific document, and the kind that requests your appearance in court to testify or provide some type of information. The majority of subpoenas relate to divorce, child custody, personal injury, and criminal cases. For example, a doctor might receive a subpoena for blood test information, or an employer might receive a subpoena to provide employee records. Other document examples include medical bills, computer files, and income tax returns. When people are asked to speak in court themselves, it is because they might have information that is pertinent to the case. It is important to know that a subpoena is not an optional request. If you fail to complete the task demanded in your subpoena, you can be fined and/or put in jail. Continue reading
Just this month, the Vancouver government in British Columbia responded to a pressing problem it noticed regarding victims coping with abuse by family members. Nearly 2,000 protection orders are issued every year in British Columbia, with 1,000 of them issued when the respondent fails to present him or herself in court. In order to ensure more efficient safety and protection for those experiencing or at risk of family violence, the government will now provide professional process servers for delivery of protection orders for no cost. The new rule is applicable in all regions of the province and marks a major step of progress in victim advocacy. Continue reading
When it comes to delivering legal documents regarding a case of importance to you or your business, you cannot leave the delivery to chance. Sheriffs are historically in charge of completing service of process, but private process servers have become far more common over the last ten years to provide faster and more reliable service than any sheriff can offer while still attending to his many other responsibilities. As you search for the right process server to handle your case, keep these important qualities in mind.
Experienced Continue reading
Process servers carry out many vital tasks that keep our judicial system running, though they aren’t always appreciated for it. Individuals and lawyers alike rely upon process servers to serve their court papers in an expedient and legally upheld manner.
What is a Process Server?
A process server is a person who is legally certified to deliver court orders and court documents relating to a defendant’s presence in court. Aside from court-appointed officials like the sheriff, process servers are the only individuals who can serve defendants with the papers necessary to advance a court case or legal situation. Continue reading
It often seems that bad relationship luck follows reality stars and celebrities around like an inescapable black cloud. The divorce between Real Housewives of New York’s Jules Wainstein and her soon-to-be-ex Michael Wainstein is no exception. This July, Michael served Jules with divorce papers after the two officially decided to end their marriage.
Trouble in Paradise
Long before Jules was served her divorce papers, trouble was brewing between the couple. Though it can be hard to determine the exact circumstances of any marital dispute, sources have reported that Jules and Michael were already estranged when Jules called the police because she felt threatened by the manner in which Michael was speaking to her. Though no arrests were made, it seems that the situation was definitely symbolic of the status of their relationship. Continue reading
If you have an eye on the news for stories about process servers getting into difficult situations, you’ll know that dangerous events occur on a daily basis for the process servers tasked with serving papers to those in legal hot water. For as many people who realize that the process server is nothing more than a messenger, just as many unleash the full depths of their anger and violence on the process server unlucky enough to walk up to the door with papers. Foul insults, physical violence, and dangerous threats are often a part of the job description, so it makes sense that process server Billy Earle has worn a bulletproof vest while on the job for more than two decades.
Earle has experienced assault, had firearms pointed at him, and was even once chased by a man wielding a shovel. Earle has been protected by his bulletproof vest and enabled to handle jobs with inherent danger. Now, however, he is no longer allowed to wear that bulletproof vest into Her Majesty’s Penitentiary in Newfoundland, Canada. Earle arrived to serve papers to a prisoner and was told that he wouldn’t be allowed through. Instead, a prison staff member had to deliver the papers. Given the strict nature of delivery of proof, it was a huge risk for Earle to allow another unqualified person to handle his job. The staff member signed an affidavit swearing that the papers were successfully served, but relying on this type of middle man makes Earle very uncomfortable, and for very good reason. Continue reading
The role of a process server is actually set out in the Constitution, where it is stated that service of due process is a privilege to all citizens. This means that all Americans have the right to be properly informed that they are being summoned for some type of legal court action. A process server, then, is the messenger to notify any individual of his involvement in a legal issue. Before cities and town became as large and sprawling as they now are, the local county sheriff was in charge of serving all papers. However, that is now a daunting task in today’s society. The role of process server arose as a way to alleviate the burden on the sheriff’s offices and help serve papers in a faster and more efficient manner. Continue reading
Legal issues between two people are complicated enough, but things can get very messy when a business becomes embroiled in the court process. Businesses can indeed be served court papers, but service of process takes a bit more planning and care than when serving an individual.
Who Gets Served? Continue reading
As any process server can tell you, being tasked with enforcing legal service of process is a tough job. Not only are you responsible for delivering news that is likely going to be unwelcomed by the recipient, but you must track down people across the state—or country—when they really don’t want to be found.
We all know that process servers are merely the humble messengers delivering court documents, but that doesn’t stop emotions from surging when defendants hear the words “you’ve been served.” Continue reading
Until you’re involved in some form of court proceeding, you may not even know what it means to receive service of process. If you do find yourself being served papers, don’t fret. Here’s what you need to know to appropriately respond to the situation.
Getting served, while possibly upsetting and stressful, simply means that you are being informed, with a big stack of paperwork, that you are now involved in a court proceeding. Legal grounds could revolve around divorce, foreclosure, financials, or anything in between. After the process server confirms your identity and hands you your papers, it’s important to know how to handle this newfound item on your to-do list. Continue reading