Service of subpoena on debtor in corporate capacity -- Is "delivery" personal or is mail OK?
Posted: Fri Apr 12, 2013 11:33 am
I'm serving a Chapter 7 Debtor in a 2004 exam and want his corporate
records as well. A corporation is a third party so a subpoena is
necessary and was issued and served so far by mail.
Subpoena. If the court approves a Rule 2004 examination of an entity
other than the debtor, the attendance of the entity for examination and
for the production of documents
must be compelled by subpoena issued and served pursuant to FRBP 9016
and F.R.Civ.P. 45.
9016 simply makes FRCP 45 applicable. So Rule 45 b) Service.
(1) By Whom; Tendering Fees; Serving a Copy of Certain Subpoenas. Any
person who is at least 18 years old and not a party may serve a
subpoena. Serving a subpoena requires delivering a copy to the named
person and, if the subpoena requires that person's attendance, tendering
the fees for 1 day's attendance and the mileage allowed by law. Fees and
mileage need not be tendered when the subpoena issues on behalf of the
United States or any of its officers or agencies. If the subpoena
commands the production of documents, electronically stored information,
or tangible things or the inspection of premises before trial, then
before it is served, a notice must be served on each party.
QUESTION; Is "delivering" mean personal delivery or mail delivery? My
guess is you need to prove delivery, so unless they signed a certified
letter you cannot prove it without the process server's proof of
service.
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
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