Can a federal subpoena be served by mail

In the United States, the rules regarding service of a federal subpoena by mail vary depending on the jurisdiction and the specific circumstances. Here are some general guidelines:

  1. Federal Rule of Civil Procedure 45: Under Fed. R. Civ. P. 45, a subpoena can be served by mail if the person to be served is a party or a non-party witness who is not a resident of the state where the court is located. However, the subpoena must be served by certified mail, return receipt requested, and the person to be served must be given at least 14 days' notice before the date set for production or testimony.
  2. Federal Rule of Criminal Procedure 17: Under Fed. R. Crim. P. 17, a subpoena can be served by mail if the person to be served is a witness who is not a party to the case. However, the subpoena must be served by certified mail, return receipt requested, and the person to be served must be given at least 14 days' notice before the date set for testimony.
  3. Local Rules: Some federal courts have their own rules regarding service of subpoenas by mail. For example, the Northern District of California has a local rule that allows subpoenas to be served by mail, while the Southern District of New York requires personal service or service by a process server.
  4. State Law: In some states, state law may govern the service of subpoenas, even if the subpoena is issued by a federal court. For example, in California, state law requires that subpoenas be served by a process server or by certified mail, return receipt requested.
  5. Exceptions: There are some exceptions to the rules regarding service of subpoenas by mail. For example, if the person to be served is a party to the case, they cannot be served by mail. Additionally, if the subpoena requires the production of physical evidence, it may not be served by mail.

In summary, while a federal subpoena can be served by mail in some circumstances, the rules vary depending on the jurisdiction and the specific circumstances. It's always best to check with the court or the issuing authority to determine the appropriate method of service for a particular subpoena.