TDCAA Community
Electronic Subpoenas

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/5340985611/m/6343022515

April 30, 2002, 15:48
Todd Smith
Electronic Subpoenas
Anyone out there have a system set up to serve subpoenas via email? 24.04 allows for this but I'm a little unsure of the logistics involved in the verification of the recceipt.

Todd
May 01, 2002, 10:26
A.P. Merillat
My problem has been with the people on the other end of the subpoena. We know the law provides for electronic subpoenas, but most receivers have not gotten on that page yet, so their responses are less than positive. And, yes, I do realize that we can assail them with constables and sheriffs, the Third Infantry and the Civil Air Patrol to compel obedience, but I have not yet had one judge in over 50 counties we've worked in, especially when we're trying to get documents subpoenaed, order the arrest for someone for not complying with a subpoena. Usually we have to sweet-talk, schmooze and bend over backwards to get proper results. Would be interested in knowing how other, real investigators get cooperation over the airwaves.
May 01, 2002, 13:56
Todd Smith
I was looking at enacting this in order to speed up the process and save the time involved in getting a subpoena to those who don't have a problem coming but require one to attend. Alot of these folks accept a faxed subpoena as suitable but some still want "proper service". Most of these would go to school administrators, DPS Lab folks, medical record folks (duces tecum)and so on.
Most of the others, we have a hard enough time finding let alone getting an e mail address (if they have one).
May 01, 2002, 14:32
A.P. Merillat
I know where you're coming from on that.
Just the other day, a hospital records clerk refused a faxed subpoena, and I got to spend a few hours on the road, traipsing to a neighboring county, with the hard copy, just to appease the fears of the clerk who imagined herself being brought up before the Supreme Court one day and castigated in front of the whole world for making copies of a guy's broken nose chart.
July 16, 2002, 11:06
Cami Sandifer
We FAX a lot of subpoenas and require the receipient to sign and return a pre-printed acknowledgement to the subpoena. Haven't had it challenged, yet. Can't prove who signed the thing but it has gotten their attention. We don't subpoena officers. They get "Officer Notifications" faxed. For us, 'real' subpoenas get cumbersome when trying to coordinate witnesses around a legal document that says "9:00am on this date or else".