What is considered proper service of a subpoena in a criminal case.

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What is considered proper service of a subpoena in a criminal case.

I received a subpoena in the mail to testify against my boyfriend in a crminal case. Do I have to be personally served with the subpoena. It was sent first class mail.

Asked on May 1, 2009 under Criminal Law, South Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

There does not seem to be anything in the South Carolina court rules that makes personal service, rather than by mail, necessary.  The fact that you actually received the subpoena is considered by most courts to make the service by mail good enough.

A local attorney who practices criminal law can give you more definite information about what is or is not proper service, and what you can or should do if the service is not proper.  If you need to find a lawyer, you can do that at http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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