OtherGround Forums Here's my situation

1/16/13 7:37 PM
11/20/09
Posts: 12959

I don't have a warrent, I have had a constable come to my place once the past 2 days in a row. Once my roommate answered the door and was informed I wasn't in "trouble", but that he had a supboena for me to appear in court soon.

 

I want to know, who issues the subpoena, the prosecution or the defense?

 

The only thing I can think I've been subpoenad for is I rented out my house to my tennant who got arrested felony offense for weed possession b/c he was growing there.  I never got arrested b/c I was the landlord and had nothing to do with that beyond that, but b/c that guy fucked me over with how he left the house, after he was released I made some threats to him. I am HOPING he isn't trying to plead down and try to say I was the main guy or something that would benifit him by getting a lesser charge.

 

Is there anyway I can find out what it's about without being served?

Can the constable issue a warrent to come in to serve?

1/16/13 9:53 PM
1/1/01
Posts: 10839
Either side can issue a subpoena, and it could by for a criminal or civil matter.

Did they not leave a copy of it, that should have the info you need? But yeah, call the local county court, the sheriff's office, etc.

I'm not exactly sure what you mean by the last question, but if you mean can they kick down your door to serve you a subpoena generally no. They may consider telling your room mate as sufficient for serving you (that depends on local laws).

The exact laws for service can vary depending on what type of case its for, what its for (deposition vs trial) and your local laws.
1/16/13 9:55 PM
1/1/01
Posts: 10840
And btw, if they were going to grab you for growing pot they would kick down your door, and most likely would have done so by now.
1/21/13 4:46 PM
3/3/03
Posts: 20395
jbapk - Either side can issue a subpoena, and it could by for a criminal or civil matter.

Did they not leave a copy of it, that should have the info you need? But yeah, call the local county court, the sheriff's office, etc.

I'm not exactly sure what you mean by the last question, but if you mean can they kick down your door to serve you a subpoena generally no. They may consider telling your room mate as sufficient for serving you (that depends on local laws).

The exact laws for service can vary depending on what type of case its for, what its for (deposition vs trial) and your local laws.

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