Questions about Process Serving

Q.	WHEN ARE WITNESS FEES REQUIRED AND HOW MUCH ARE THEY?
A.	Generally, witness fees are payable anytime a witness is required to appear at a deposition, trial or hearing. To make your job easier, at your request, County-Legal Service will calculate the fees and advance them on your behalf at the time of service. State Court Cases: Personal Appearance: In State Court cases, the witness fee for personal appearance at a deposition or hearing or trial is $35.00, plus $.20 per mile, round trip. The fee must be paid at the time of service if the witness demands it. Otherwise it can be paid at the time of the appearance. Business Records: Where the subpoena calls only for production of records, a $15.00 fee must be paid at the time of service of the subpoena. Federal Court Cases: In Federal Court Cases, the fee for personal appearance is $40.00, plus $.405 per mile, round trip. The fee must be paid at the time of service. There is no strict requirement for payment of a witness fee when serving a subpoena for records in Federal cases; however many locations require a $15.00 fee. Special Provisions Regarding Peace Officers: Subpoenas requiring a personal appearance by a peace officer, testifying about matters arising from his or her official duties, must be accompanied by a $150.00 witness fee payable to the police department, sheriff's office, etc. Expert Witnesses: Expert witnesses are entitled to receive their usual hourly rate. Generally, these fees are paid immediately after the deposition or hearing.
Q.	WHAT IS SUBSTITUTED SERVICE AND WHEN IS IT PROPER?
A.	Substituted service (also known as "sub-service") is permissible only when serving a Summons and Complaint. It permits service of a defendant by serving someone other than the defendant him or herself (or someone other than a corporation's designated agent for service) and then mailing copies of the documents to the defendant (or authorized agent). Corporations may be sub-served on the first attempt at serving. Individuals, however, may be sub-served only after diligence is established by making at least 3 attempts on three different days, at different times. Individual courts may have stricter requirements for sub-service that dictate the times of day when attempts must be made. County-Legal closely monitors each court's requirements for establishing diligence and makes certain that these requirements are met before completing substituted service.
Q.	SHOULD I SERVE ORIGINALS OR COPIES?
A.	Generally, original documents should not be served. The original Summons, for example, must be filed with the court in order to obtain a default judgment. Original subpoenas, discovery requests, etc. should be retained in your files.
Q.	HOW MANY COPIES SHOULD I GIVE TO County Legal?
A.	You should provide County-Legal with 2 copies of each document to be served. Close This Window