Looking for efficient reasonable solution

Question

Hiring different process service to re-serve subpoena is unacceptable solution. 
Service was paid for. 
 Proof of service of subp-010 has incorrect formatting of point 1(a) - person served. 
What is the most efficient solution to obtain records, if service opposed by witness? 
Independent evidence of service is irrelevant consideration, because if witness opposes service it means documents were delivered, with technical issue formatting field 1(a)

James L. Arrasmith · Answer

The most straightforward solution is to file a motion to validate service with the court, accompanied by a declaration explaining the technical formatting error and providing evidence of actual delivery. This approach acknowledges the clerical error while emphasizing that the witness received actual notice, which is the fundamental purpose of service. 
 
If you have any documentation showing the witness's awareness of the subpoena (such as communications, emails, or texts discussing it), these can be attached to your motion as exhibits to demonstrate that despite the formatting issue, the witness had actual knowledge of the legal obligation. The court generally favors substance over form when technical errors don't prejudice the receiving party. 
 
Consider reaching out to the witness or their counsel first to resolve this informally, explaining that you're aware they received the documents and requesting voluntary compliance to avoid unnecessary court intervention. If this fails, you can proceed with the motion, which is likely more cost-effective and time-efficient than attempting re-service. The court has discretion to validate imperfect service when there's clear evidence the documents reached their intended recipient.

Q: Looking for efficient reasonable solution