Can i serve a federal subpoena by mail

In the United States, the rules for serving a federal subpoena by mail are governed by the Federal Rules of Civil Procedure (FRCP) and the Federal Rules of Criminal Procedure (FRCrP).

Federal Subpoenas in Civil Cases:

In civil cases, a federal subpoena can be served by mail under certain circumstances. Rule 45(c)(3)(B) of the FRCP provides that a subpoena may be served by "mailing it to the person to be served at their last known address." However, this method of service is only allowed if:

  1. The subpoena is served by a party or their attorney; and
  2. The person to be served has consented to service by mail; or
  3. The court has ordered service by mail.

Federal Subpoenas in Criminal Cases:

In criminal cases, the rules for serving a federal subpoena by mail are more restrictive. Rule 17(c)(2) of the FRCrP provides that a subpoena may be served by "hand or by leaving it at the person's dwelling or usual place of abode with some person of suitable age and discretion residing there." Mail service is not permitted in criminal cases.

Additional Requirements:

Regardless of whether you are serving a federal subpoena by mail in a civil or criminal case, you must ensure that the subpoena is properly executed and served. This includes:

  1. Using the correct mailing address for the person to be served;
  2. Including the required information, such as the name and address of the person to be served, the date and time of the subpoena, and the name and address of the person serving the subpoena;
  3. Using a certified mail, return receipt requested, to ensure that the subpoena is received by the person to be served; and
  4. Keeping a record of the service, including the date and time of service, the method of service, and the name and address of the person serving the subpoena.

Conclusion:

In summary, while it is possible to serve a federal subpoena by mail in a civil case under certain circumstances, it is not permitted in criminal cases. Regardless of the method of service, you must ensure that the subpoena is properly executed and served to avoid any potential issues or disputes. It is always recommended to consult with an attorney or a legal professional to ensure compliance with the applicable rules and regulations.