Monday, November 28, 2011
Service of a Subpoena in a Minnesota Criminal Case
A subpoena is a court order to appear and testify in court. You are obligated to remain in court until such time as you are excused by either the prosecutor or the Court. If you fail to obey a validly served subpoena, you may be subject to penalties for contempt of court. A subpoena can be validly served by hand delivering a copy to the person named in the subpoena or by leaving a copy of the subpoena at the person's place of residence with another person of suitable age and discretion who resides there. A subpoena can also be validly served by mailing a copy of the subpoena to the person's residence, but the service is only effective if the person named in the subpoena signs and returns to the prosecutor an admission acknowledging receipt of the subpoena by mail. If you receive a subpoena in the mail and refuse to sign and return the admission of service, you are not legally obligated to appear in court and testify.