what do you know about subpoenas?

[edprush]

1) Can a subpoena be 'delivered' via email?

I am always either being sued or threatened to be sued from my lame-@ss websites.

2) This time someone has been emailing me to obtain my mailing address so that they can issue a subpoena to me. Do I have to tell them my mailing address?

3) Can a subpoena be issued without any 'cause'?

 

[KLin]

Subpoena's have to be delivered in person I believe. Don't give out personal information based on an email IMHO.


http://en.wikipedia.org/wiki/Service_of_process

 

[wetcat007]

Ignore the emails, don't reply.

 

[edprush]

ok

 

[smack Down]

Don't ignore them post them on your website and mock them.

 

[nissan720]

Originally posted by: smack Down
Don't ignore them post them on your website and mock them.

I like that idea!

 

[slimrhcp]

Laws dealing with file servicing are going to vary based on the state you reside in.

 

[AnyMal]

Originally posted by: edprush


I am always either being sued or threatened to be sued from my lame-@ss websites.

Do tell...

 

[theGlove]

porn sites? or warez or mp3s?

 

[Whoozyerdaddy]

Why is everyone suing the OP? Details man!

 

[theGlove]

maybe he has one of those sites that are posting naked pictures of celebs and they are suing him?

 

[Ricochet]

Well, don't prolong the suspense. What are these "lame-@ss websites" you speak of?

 

[edprush]

Originally posted by: theGlove

porn sites? or warez or mp3s?

Neither. Just small forums where the users start bad mouthing each other by real name.

 

[FoBoT]

delete

 

[leftyman]

mmm...Nigerians

 

[rivan]

Originally posted by: nissan720

Originally posted by: smack Down
Don't ignore them post them on your website and mock them.

I like that idea!

:thumbsup:

And AFAIK, a subpeona has to be hand delivered by an officer of the court - that way there's a witness to the receipt of the subpoena.

2) You don't have to do anything anyone tells you to do via email. Unless it's your mother or your wife.

3) Also AFAIK, subpoenas are only issued by the court when they require testimony.

Disclaimer: I'm not a lawyer, or even in a related field.

 

[Jeeebus]

Originally posted by: edprush
1) Can a subpoena be 'delivered' via email?

In the federal system... no. Each state varies, but I've never seen a state that allows for email delivery of subpoenas. Also, as far as a federal subpoena is concerned, you can't be compelled to do anything more than 100 miles from where you reside. Again, states differ, but a state's subpoena power is not going to reach beyond its border.

Originally posted by: edprush
2) This time someone has been emailing me to obtain my mailing address so that they can issue a subpoena to me. Do I have to tell them my mailing address?

No

Originally posted by: edprush
3) Can a subpoena be issued without any 'cause'?

Most states allow an attorney, as an officer of the court, to issue a subpoena. Some states may let a litigant himself issue a subpoena. Depends on the jurisdiction. "Cause" means something entirely different to those of us in the legal profession... and has nothing to do with issuance of a subpoena.

 

[edprush]

The Sheriff's office has just above found me to serve the subpoena to me (they attempted to deliver it to a relative of mine).



When I am served the subpoena do I have to admit that I do own the website?
------------------------

EDIT: The first six words of this post should be:

The Sheriff's office has just about

 

[daniel3168]

A subpoena has to be delivered in person you have to sign say that u received it no you do not have to admit that u own the website unless you are under oath then u have to if u lie and they find out ur in big trouble. if they start to ask u questions ask that u wish to have ur lawyer present before any questioning

 

[FoBoT]

Originally posted by: edprush
The Sheriff's office has just above found me to serve the subpoena to me (they attempted to deliver it to a relative of mine).



When I am served the subpoena do I have to admit that I do own the website?

you don't have to admit anything, until you are in court or during a deposition

you may want to consider contacting an attorney at this point vs. getting legal advice from ATOT

just a thought

good luck in FPMITAP !

 

[George P Burdell]

Originally posted by: edprush
The Sheriff's office has just above found me to serve the subpoena to me (they attempted to deliver it to a relative of mine).



When I am served the subpoena do I have to admit that I do own the website?

How far away are you from the border?

 

[edprush]

Ok, the subpoena was delivered.

What happens if I don't do what it says?

It doesn't say anything about repercussions.

 

[b0mbrman]

Originally posted by: nissan720

Originally posted by: smack Down
Don't ignore them post them on your website and mock them.

I like that idea!

You know it!

Also, ask for donations to pay for lawyers...

 

[AnyMal]

Originally posted by: edprush
Ok, the subpoena was delivered.

What happens if I don't do what it says?

It doesn't say anything about repercussions.

If you don't show up for a hearing, the judge will automatically rule in favor of the other party.

 

[edprush]

Originally posted by: AnyMal

If you don't show up for a hearing, the judge will automatically rule in favor of the other party.

The subpoena is stating that all records related to a website be turned over to the Plaintiff by April 15.

So there isn't a hearing that I know of.