CH 7: Process Serving & CH 8: Subpoenas Flashcards
How many times a year can a PI serve processors?
up to 10 processors a year
Does a PI have to register as a process server to serve processes?
No
What’s the difference between a summons and a subpoena
A summons notifies somebody they are a part of a lawsuit and allows them to appear in court to defend themselves. A subpoena notifies the other party they are required to appear in court.
A witness in a civil court matter is not required to attend a court subpoena if they are how many miles away from the courthouse.
If they are 150 miles or further they are not required to appear in court.
What is a summons?
A summons is a legal document notifying the other party that they are being sued.
What is a substituted service?
Service on a party other than the summoned person. It’s for those persons who avoid service or are difficult to locate. Most business entities must receive substituted service.
If you need to serve a corporate officer, a trustee, officers of a joint stock company or association, partners of an unincorporated association, or officers of a public entity, how can they be served?
You may serve that person personally or by leaving a copy of the summons and complaint, during normal business hours, at his or her office.
True or False: When serving a summons, you are required to tell them the nature of the summons.
True, you must tell them, for example, it’s a summons and complaint.
Most process-serving scenarios appearing on the PI exam require personal service.
In most cases, a summons must be personally served
Why should a summons be personally served?
Personal delivery of a summons ensures the greatest reliability that the summoned person is aware they’re involved in a lawsuit.
What if a summoned person denies the service of taking the summons?
The process server can leave the documents in front of them.
What if someone keeps telling you the summoned party is not there and doesn’t know when they’ll be back?
You can leave the summons and complaint with that person, office person, or person at the residence/business/address. You must mail a copy of the summons to the address to complete the process.
Can you enter private property to serve a summons or subpoena?
Yes you can. you can even jump a fence or drive onto property even if it says no trespassing. You must serve and leave immediately
What if you are serving a summons (subpoena) to a gated community with a guard?
You must show them your DL, Investigator’s License, and let them know who you’re serving.
What if a guard does not let you in a gated community when serving a summons or subpoena after showing credentials?
You may leave the summons / subpoena with the guard. Then it’s suggested to mail a copy of the complain/summons to the party.
When mailing a summons or subpoena, what must you include?
Prepaid postage, two copies of the notice and acknowledgement, and a return envelope.
If serving a summons or subpoena at a bank, can you leave it with the cashier?
Yes you can.
In the case of a foreign corporation (out of state coproation with intrastate business in California) that has surrendered it’s right to conduct business in California, who can you serve?
Secretary of State.
What if you are unable to locate the corporate officers/designated agent of a business to serve, what must you do.
Serve the Secretary of State.
What are the nine types of service?
Personal Service
Service by mail
Service by Notice and Acknowledgement of Receipt
Service of posting on the premises and mailing - eviction cases only
Service by publication
Service by posting - courthouse
Service by certified mail - small claims only
Service by certified mail - out of state party
What do you do after you serve the opposing party?
You must file a proof of service with the court.
What two types of subpoenas are there?
Appearance: The subpoenaed person must appear in court
Record: the subpoenaed person must produce specified documents.
What are the two types of records requested for subpoenas?
Consumer and employment records.
Consumer records are known as personal records.
How far in advance must you serve a subpoena in person before the appearance date?
Ten days to serve the witness
How far in advance must you mail a subpoena to a witness before the appearance date?
Fifteen days
How far in advance must you mail a subpoena outside of California to a witness
Twenty days
How far in advance must you mail a subpoena outside of the country to a witness?
Thirty days
If you are serving the custodian of records, you must serve the employee/consumer at least how many days before serving the custodian.
Five days
What is a subpoena duces tecum
A subpoena duces tecum is a court order that requires a person or entity to bring specific documents or other items to a court hearing or deposition. It’s essentially a “subpoena for production of evidence”. (RECORDS SUBPOENA)
Can a witness demand travel fees and witness fees for one day’s attendance when receiving a subpoena?
Yes, and you must offer them at the time of service. ($35 per day and .20 per mile.
Who is exempt from personal service when receiving a subpoena?
Peace officers, state employees, court personnel, criminal subpoenas, and minors under 12.
