A USDC Subpoena is for someone or entity who has, who claims to have, or is thought, by someone with authority to compel testimony, to have knowledge relevant to an event, possesses objects or things or other matter of interest. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what he or she knows or claims to know about the matter.
Service of process of a District Court Subpoena is the procedure by which a party or non- party witness is given an appropriate notice of legal action to a witness, corporation or administrative body in an effort to exercise jurisdiction over that a witness so as to enable that person to respond to the proceeding before the court, body, or other tribunal.
When we personally serve your United States District Court Subpoena, service officially compels (called "process") the person or entity to respond and cooperate.
Federal jurisdiction has similar rules regarding the appropriate service of process of a Subpoena. However, many laws revert back to the state law where service is to be made. We generally take direction from the Attorney who forwarded to Subpoena to us as to what rule of law we should follow to serve the witness. Generally, if not specifically, United States District Court Subpoenas are to be served personally to the named individually witness or to an authorized agent at a company. If or when a witness cannot be located in a particular jurisdiction we will investigate the witness’ whereabouts and work closely with you to assure we are ahead of the time frame/deadline to serve the witness with your USDC Subpoena.
Proper U.S.D.C. service of process establishes personal jurisdiction of the Federal court over the witness served.
Service of Process in cases filed in the United States District Courts are governed by Rule 45 of the Federal Rules of Civil Procedure.
District Court civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits and exercising commands to witnesses. These rules govern how a lawsuit and or Subpoena case may be served, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks must function.
Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a legal body to administer justice within a defined area of responsibility.
The jurisdiction references the geographical area to which such authority applies. The legal term refers only to the granted authority, not to a geographical area. Jurisdiction draws its substance from public international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of its native society.