When should a subpoena be served?

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A subpoena should be served before the time set for appearance or evidence delivery to ensure that all parties have adequate notice and opportunity to comply with the court’s proceedings. This timing is crucial because it allows the individual being subpoenaed to prepare for their testimony or to gather any required documents beforehand.

Serving the subpoena in advance of the appearance date also aligns with legal requirements, providing the recipient sufficient time to seek legal advice if needed or to raise any objections. The effectiveness of a subpoena depends on timely service, as this helps to uphold the fairness of the judicial process and ensures that the court can proceed smoothly with the necessary information or testimony at the scheduled time.

In contrast, serving it after the court has decided the case would negate the purpose of obtaining evidence or testimony. Similarly, serving it within 24 hours of the hearing or at the time of the court session does not allow enough time for the recipient to respond adequately and may lead to unnecessary complications or delays in court proceedings.

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