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The district clerk in our county has begun to return all out of county subpoenas to the District Attorney's office for forwarding to the appropriate agency for service. The duties of the clerk as set out in 2.21 of the CCP include the duty to issue process. Does issue include the sending of the subpoena for service to the appropriate agency? How do other jurisdictions handle this?
 
Posts: 2 | Registered: December 30, 2002Reply With QuoteReport This Post
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We handle it ourselves. Sometimes it's hard to find an out of county agency willing to help serve a subpoena. I much prefer that one of our investigators actually locate someone in the other county who's willing to be responsible for getting the subpoena served.
 
Posts: 293 | Registered: April 03, 2001Reply With QuoteReport This Post
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We also handle them ourselves. I do not trust some minimum wage disgruntled clerk to get my subpoenas to the right place in a timely manner. Additionally, I am not particularly interested in my subpoenas getting lost under the fast food wrappers in some pile of paper in an out of county constable or deputies car. I have my investigator contact other DA investigators or sheriff's deputy personally to assist with service of these out of county subpoenas. We have always received excellent assistance and I make sure my investigator affords others agencies the same in return.
 
Posts: 233 | Location: Anderson, Texas | Registered: July 11, 2001Reply With QuoteReport This Post
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