Posted by Mike Photon on 2/26/07 5:11pm
Msg #177248

Subpoena

Today a company contacted me to do a subpoena on thursday between 9:00 AM and 12:00 Noon. ("To do a subpoena" may not be the right term, but it was not clear)
Since I haven't done one of these before, I am wondering what is actually involved in this. She said there are two notarizations to be done in one subpoena.
To my understanding a subpoena is a summons to a witness to appear some place at some specified time. The document is already with the signer.
My question is - is this just a regular jurat or do I need to know something else specific about subpoenas?
Also, how much of a work is it? Apart from doing 2 notarizations, do I have to make sure the signer fills/signs the rest of the documents? I just quoted my regular mobile notary fee for two simple notarizations (Notarization Fees x 2 + travel fee. that's it). Should I be charging more?
TIA for your help

Reply by BrendaTx on 2/26/07 5:45pm
Msg #177252

Re: Subpoena - It's generally two docs for me...

a couple of notarizations.

What I see are usually:

Deposition by Written Question
Affidavit of Records (or Affidavit of No Records)

If they only hand you one document, ask them again if there might be another.

I am out of biz during the day (working full time) but when I was working the biz during the day, I charged $45 for an in town radius.

Reply by BrendaTx on 2/26/07 6:50pm
Msg #177259

Re: Subpoena - It's generally two docs for me...

Mike,

What it sounds like is that the subpoena is already served (((To my understanding a subpoena is a summons to a witness to appear some place at some specified time. >>The document is already with the signer. <<))

Most of the time medical records are provided under a Subpoena Duces Tecum which is a fancy way to say they are summonsing the documents to court. The SDT is served upon the custodian of records. Rather than set up shop in a doctor's office to take a deposition with a court reporter there is a Deposition by Written Questions to which the signer (custodian of records) provides written testimony stating that the documents attached thereto is a true and correct copy of the complete medical history/records in possession of the custodian.

Just be sure to give the oath and do your notary stuff by the book. It's not a big deal...assuming this is what you are going to do. Regular notary work.

Sounds like the person who was ordering your services is new at their job. JMHO.

Reply by Gerry_VT on 2/26/07 6:13pm
Msg #177256

I have no personal experience with this, but according to "Notary Public Handbook: A Guide for Vermont" by Alfred Piombino, notaries public have the authority to issue a subpoena (that is, command a witness to appear at a certain time and place to testify). I doubt that is what is intended in Mike Photon's case; I can't imagine it would take three hours to sign a short form.