Is It Possible to Issue a Subpoena Without a Lawyer?

Subpoenas play a vital role in both civil and criminal cases, allowing the issuer to compel someone to assist in a lawsuit by providing evidence or testimony. But is it possible to issue a subpoena without a lawyer? The simple answer is yes.

However, understanding the nuances of issuing a subpoena can be complex. While individuals may issue subpoenas on their own in certain situations, seeking guidance from a legal professional, like attorney Rich Godshall, can help ensure the process is handled correctly and effectively.

Read on to discover the different types of subpoena issuers and what each entails.

Why Are Subpoenas Issued?

Before we review the different subpoena issuers, it is vital to critically analyze why these parties issue these documents in a case. 

To Summon Parties That Could Help With the Case

One of the most common reasons subpoenas are issued is to summon individuals who could help with the case, such as eyewitnesses. Take, for instance, a family law case. A teacher could be subpoenaed to provide testimony on different aspects of the case. 

Depositions 

A deposition is sworn, out-of-court oral testimony from a witness. Subpoenas can also be used to compel individuals to take depositions. 

Subpoena Duces Tecum

This is a type of subpoena where someone party to the case wants an external party to provide documents that could be used in discovery. For instance, a party could subpoena a police department to provide police reports about a specific incident. 

Parties That Can Issue a Subpoena

Below are some of the different subpoena issuers: 

Party Acquisition 

In some cases, a party to the case, whether the plaintiff or the defendant, can ask for a subpoena. Here, they must fill out a subpoena form, which typically includes the information of the subpoenaed party. 

For instance, under Subpoena duces tecum, they must describe in detail the document they want in detail. You should note that the subpoena is notarized, and the subject must declare under penalty of perjury that the information in the form is accurate to the best of their knowledge. 

Other Issuers 

Other subpoena issuers vary according to the jurisdiction. For instance, in some states, clerks and notary publics have the power to issue subpoenas, while in others, they don’t. 

The Procedural Requirements

The different procedural requirements after requesting a subpoena vary from state to state, and different jurisdictions have varied civil procedures. 

The issuer must provide a copy to the court clerk. The clerk can either submit the copy to the sheriff directly or leave this task to the issuer. In some states, the subpoena must accommodate the witness’s administrative and travel expenses.

If the issuer submits the subpoena without the clerk, they must do so in accordance with the applicable rules. Once the individual is served, a certificate of service must be issued explicitly stating that the individual was served. 

Complications Associated With Issuing a Subpoena Without a Lawyer

While getting a subpoena without a lawyer is possible, it comes with several risks. For example, when the attorney is present, they will check the information presented in the document for accuracy. 

However, in the absence of an attorney, any mishap, such as improperly naming the witness, may prevent them from receiving the document. Hence, it is always a good idea to consult with your lawyer on matters related to issuing a subpoena. They will help fact-check all the presented information and ensure the document is submitted. 

End Note

Issuing a subpoena without a lawyer is possible, but it can be a complex process with several procedural requirements and potential complications. Even minor errors, such as misnaming a witness, can lead to issues in serving the subpoena. Seeking guidance from a legal professional can help ensure accuracy and adherence to court rules. Ultimately, consulting an attorney can provide peace of mind and improve the effectiveness of your subpoena efforts.