Q: I received a subpoena for a mandatory appearance between my ex and her ex boyfriend for a civil case through email..
My ex's boyfriend had me subpoenaed. Is email a valid way to serve someone? And do I need to reply? Also, my sister was also subpoenaed, but not personally it was given to her husband. Is this a valid subpoena? Thanks in advance.
A: Email is a valid way of serving a subpoena if you agree to accept it that way. If you refuse to accept service in that manner, you need to advise the party and/or the lawyer who served you that you do not accept email service. I always recommend my clients accept email service of a subpoena for an appearance in court or deposition. Also sub-service of a subpoena by leaving it with another adult in the home can also be good service. But you are entitled to the witness fees to compel your appearance, which should always be tendered at the time of service. You can contact the party who served the subpoena on you and advise them that service of the subpoena without the witness fee given you at that time would not be effective to compel your presence in court. My practice would be to let the person know that I will have the witness fee available to the witness upon their showing up in court at the time required.
A:
Because you don't say what kind of case you were subpoenaed on, it is a little difficult to address anything other than the subpoena process, which Mr. Fazzi did. Why would the ex-boyfriend of your ex-wife be subpoenaing you? What were you a witness to? Is this for a trial or a deposition? You really need to consult an attorney about testifying and how to respond to questions directly without guessing or offering unnecessary information. You are entitled to have your own attorney representing you at the time you testify. What was your sister a witness to? Does the ex-boyfriend have an attorney doing this or is he just abusing the system himself? This sounds like abuse of process to harass his ex-girlfriend by subpoenaing everyone associated with her in the past.
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