Naperville, IL asked in Criminal Law for Illinois

Q: Hi, My wife and I were subpoenaed to testify at a trial.

When the person came to our house to deliver the subpoenas, we were not home and they gave them to my 17 year old daughter. Is that legal?

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2 Lawyer Answers
William Wolf
William Wolf
Answered
  • Criminal Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Yes. Without more information, that is legal, and you and your wife are served.

That means you are legally obligated to go to court on the date and time that's on the subpoena.

If there is some legal reason you believe you shouldn't go to court, you can't ignore the subpoena, but I would retain a lawyer to make the case to the judge that the subpoena is legally improper and should not have been issued to you and your wife.

Juan Ooink agrees with this answer

Juan Ooink
Juan Ooink
Answered
  • Criminal Law Lawyer
  • Bolingbrook, IL
  • Licensed in Illinois

A: Yes, this is considered proper service. If you fail to comply with the subpoena, a warrant can be issued for you and your wife. If you are concerned about testifying, you really should consult with an attorney prior to your court date.

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