Service of Process

Subpoena Duces Tecum: Compels a person(s) to appear in court and to bring with them books, documents or other tangible property which may be in their possession, as is described in the subpoena.

Issued By: It may be issued by a Judge, Magistrate, or the Clerk of Court upon request by either defense or plaintiffs attorney. Subpoenas are also issued by the Clerk, signed, sealed, and otherwise blank, to Federal agencies and attorneys.

Territorial Limits: May be served anywhere within the United States or in a foreign country as per Title 28 USC 1783, however the US. Marshals Service does not make the service in a foreign country.

Served By: United States Marshal. Deputy U.S. Marshal or anyone over eighteen years of age who is not a party to the case.

Manner of Service: Must be served on the person named. If a non-incorporated company or partnership is to he served. service can only be made on the legal owners or partners. Service should be made on a corporate officer or a person designated as an agent, for the purpose of accepting service, if the subpoena is for a corporation.

Return: Is to be made upon accomplishing service, in the space provided on the original, or on Form USM-285. The subpoena is then returned to the court through the United States Marshal for the issuing district.

Note:  The information related to the service of court process that is contained on this web site is general information and not intended to be an exhaustive or definitive explanation or depiction of Federal rules of procedures for the service of process.  Readers are directed to the Federal Rules of Criminal and Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28; their local U.S. Attorney's Office and District Court for specific, authoritative guidance.