Legal Question in Civil Litigation in California

Acceptins a Subpeona

As a Recepitonist what are my legal obligations regarding, accepting Subpeonas? I'm told by my employer that I am not ''authorized'' to accept, but the servers are becoming very threatining and have even been physically abusive( waiving a metal clip board in a threatining manner, and knocking things off the reception counter.)Name calling and threats of contempt and arrest. I would like to know leagally what I obglitated to do so I can tell my employer and/or the server. Please help!!


Asked on 2/21/01, 9:15 pm

2 Answers from Attorneys

Paul McMeans Law Office of Paul E. McMeans

Re: Acceptins a Subpeona

"Acceptance" of a subpoena is irrelevant.

The statutes controlling service on a company allow

what is known as "substituted service." When serving a business,

this is done by leaving it with the person in charge of the office. If a

receptionist refuses to identify the person in charge, the

process server may conclude that the receptionist is the

person in charge and leave the item with the receptionist, or

leave it at the front desk (or, if he is thrown out, at the front door),

then following up by sending the same item by mail.

The same rules apply to serving a person who works at the business.

If the person to be served refuses to come out to accept the item,

the process server may make the same "substituted service." The whole

idea is to make game playing such as refusing to "accept" service

useless. The item will be deemed served. The person served better see their lawyer about responding.

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Answered on 4/04/01, 8:28 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Acceptins a Subpeona

It doesn�t matter if you accept it or not. They can drop it on the floor in front of you and your company is considered legally served. you are not breaking the law by telling them you refuse to accept it but if they leave it anyway, your boss better show it to a lawyer.

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Answered on 4/04/01, 11:39 am


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