Is it legal to give a subpoena to someone other than the person named on the subpoena?

Question

I was given a subpoena with my daughters name on it. She does not live at home and is over 21. Do I have any obligation to find her and give her the subpoena?

Answer 1

As indicated above, the question of who actually may accept a subpoena or other legal process is state specific. Some states, including New York, allow service of most legal documents on another adult who is a resident of the same apartment or home of the person for whom the process is intended.

Another key piece of information is what type of subpoena is involved.

Answer 2

I can't say for certain, but My guess would be no. That is why the Process Server asks for the Person by name, and then hands Them the paperwork. Call the District Attorney's Office in Your area, and ask Them. Most Criminal subpoena's come through Their office. Even if it is a Civil subpoena the D.A.'s office should be able to advise You. If They say They do not know, ask to speak to Someone else. If They say no one else is here to ask, Ask them when Someone will be in to ask. If all else fails call the People who had the subpoena served.

Best Wishes

Answer 3

No it is not a legal subpoena unless that is her last known address!

Answer 4

it depends what state you live in I got a subpoena I was not home .My roommate answer the door said I wasn't home.The cop said you must sign & take this.It is the law in FL.

Answer 5

A subpeona must be served in person. Although giving a subpeona to someone that isn't named on said document is legal, it renders the subpeona invalid.

Answer 6

It is important that you tell your daughter's lawyer about this. He can then check to see if a false proof of service was filed with the court. Do it now.