Posted by Sue@MA on 3/18/05 2:41pm
Msg #26316

Subpena topic.... Issue not serve (to Korey)

I remember a post from the past posted by Korey Humphreys that wrote about what pharases should be written as the attestation of the Notary Public issuing it. Attestation I use vaguely because i'm not sure of a better term.
In Massachusetts a Notary can issue subponeas and court summons's. As we all know. What is it that I should write as a warning notice to the party i've issued it to. Somebody please help soon because I just got a call to issue one.
Korey if you get this please help. I tried a search for your profile but you can't search for notaries by name.

Reply by Korey Humphreys on 3/18/05 4:59pm
Msg #26339

The last thing you can include on your subpoena issued at your hand and seal is:

"Hereof fail not, as you will answer your default under the pains and penalties in the law in that behalf made and provided.

Dated at __________ the _____ day of _______, 2005 A.D.

______________________
'Your Name', Notary Public "

OR

"Failure to abide by a Subpoena issued at the hand of a Notary Public without adequate excuse may be deemed a contempt of court.

Dated at __________ the _____ day of _______, 2005 A.D.

______________________
'Your Name', Notary Public "

OR

"Failure for anyone to obey a subpoena without adequate excuse will result in a contempt of court.

Dated at __________ the _____ day of _______, 2005 A.D.

______________________
'Your Name', Notary Public "


FYI: A Subpoena Duces Tecum requires that a person(s) appear before some officer authorized to take testimony (notary) and too bring with them certain things (objects, letters, books, papers, tangible non-tangible things, etc.). A Subpoena Ad Testificandum only requires the person to appear at a certain date and time to testify.

PLEASE NOTE: Pursuant to the rules of Court the subpoena must be in the form most commonly used and adopted. I purchased the MA TurboLaw Software developed by Parthenon (?) company out of Fitchburg, MA. The forms they have are current and updated changes occur almost daily. This would definitely be a good investment for you.

P.S.: If you would have clicked on the search link of this forum and typed the word 'Subpoena' correctly (SUBPOENA) then you would have found my other message. Click my name if you want my email address again so we don't post personal messages for one another here.

========
Korey

Reply by Korey Humphreys on 3/18/05 5:10pm
Msg #26341

Also... Serve it and make $50-$100

I'm not sure if you are aware, however in accordance with Rule 45 of the Massachusetts Rules of Civil Procedure, you, as a disinterested person [over 18], may serve the Subpoena.

Just because you're the officer issuing it does not make you "interested" or a party to the case.

Depending how far you travel to serve the subpoena you may be able to make between $50 - $100 dollars. If you serve it within your home town area (10 mile radius) then charge the standard $50. Beyond 20 miles charge $75. Anthing furthure should be $100.

All you do is serve the paper to the person who it is issued against and fill out a "Return of Service". If you want me to fax you a copy of a return of service (as sample) then email me. If not, just ask your attorney how to create a "Return of Service".

Have a good day!

=========
Korey