What constitutes lawful service of a witness subpoena?

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A subpoena for me to appear as a witness in a DV case was left on my front porch. Is that considered "lawful service" in Washington state? (I am not the victim, nor did I witness the alleged domestic violence.)

Attorney Answers

3
Lenell Nussbaum ·
There are both legal and practical aspects to this question. A statute requires that the subpoena be delivered directly to you, or left with a responsible person at your home. But the misdemeanor court rules permit "service" by first-class mail sent to the witness's last known address. CrRLJ 4.8(c). Most domestic violence cases are misdemeanors. In my experience, police officers swear they "served" a subpoena "by personal service" without complying with these requirements; and the prosecutors and courts rely on these "proofs of service." It is possible for a court to issue a warrant to arrest a material witness if the subpoena was served and the witness does not appear. It doesn't happen often, but it does happen. I don't know if you are a "material" witness. I don't know if anyone would consider you so important to the case to request a warrant. You have the option of retaining counsel to explore the case more thoroughly and advise on your legal and practical options.
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Robert Daniel KellyPersonal Injury LawyerSeattle, WA ·
In general, personal service has to be handed to you or someone who resides with you. [In accordance with the community guidelines of , this is not "legal advice", nor does it form an attorney-client relationship.]
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Travis Jones 1214905.Html ·
To be enforceable, the State must show personal service of the subpoena. Otherwise, no one can say whether or not the person actually received the subpoena.
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