Colorado AO-89 Subpoena in a Criminal Case - Federal District Court Official Form

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Federal District Court form.
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FAQ

The government's authority to impose criminal penalties against you for ignoring a subpoena is contained in Title 18 U.S.C. Sections 401 and 402, known as "contempt of court." You could face significant fines and up to 6 months in jail if convicted.

Under Federal Rule of Civil Procedure 45, any party who is at least 18 years old and not a party to the lawsuit can serve a subpoena anywhere in the United States. While it's possible that a government agency would improperly serve a subpoena, in practice, this is rare.

Lastly, after service is performed by your chosen process server, you need to make sure that they fill out a form called a Return of Service or Affidavit of Service. This form must be signed in front of a notary unless the process server is a peace officer.

An entry of appearance shall state (a) the identity of the party for whom the appearance is made; (b) the attorney's office address; (c) the attorney's telephone number; (d) the attorney's E-Mail address; and (e) the attorney's registration number. (2)Withdrawal From an Active Case.

A marshal, a deputy marshal, or any nonparty who is at least 18 years old may serve a subpoena. The server must deliver a copy of the subpoena to the witness and must tender to the witness one day's witness-attendance fee and the legal mileage allowance.

Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.

The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. An attorney also may issue and sign a subpoena if the attorney is authorized to practice in the issuing court.

Grand jury subpoenas may be served at any place within the United States. Under Rule 17(g) of the Federal Rules of Criminal Procedure, a failure by a person without adequate excuse to obey a subpoena served upon him or her may be deemed a contempt of the court.

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Colorado AO-89 Subpoena in a Criminal Case - Federal District Court Official Form