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In simple terms, a subpoena is issued by the Court to request documents from someone who is not a party to the proceedings. On the other hand, a notice to produce is issued by a party to the proceedings to request documents from another party.
You cannot ignore a Subpoena. A Subpoena is a court order to come to court. If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the Subpoena.
A notice to produce is used by a party to proceedings to request documents or other items. A reasonable period of time to respond to a notice to produce is 14 days after service of the notice. Unlike a subpoena, a notice to produce does not require conduct money.
(1) A subpoena issued on behalf of any party may be served by the sheriff, a deputy sheriff, or any other person who is not a party, who is not related within the third degree by blood or marriage to the party seeking service of process, and who is not less than 19 years of age or by certified mail pursuant to the
The subpoena shall specify a reasonable time to comply of no less than fifteen (15) days after service unless the court orders otherwise and the manner of making the inspection, production, copying, testing, sampling, and performing the related acts.
Trial subpoenas (civil and criminal) may be issued in blank by the Clerk's Office and provided to parties/attorneys for completion and service. Criminal subpoenas for anything other than trial must be issued by the Clerk's Office.
In New South Wales, Notices to Produce are governed by the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). A Notice to Produce is a procedure through which a party to proceedings may serve on another party a notice requiring the production of specified documents, or things (such as a computer).
If you ignore or defy a subpoena, the court that demanded your presence can find you in contempt. A fine or jail time is possible. In the case of defying a Congressional subpoena, the committee that issued to subpoena votes to issue a contempt citation, and then the full chamber votes on it.
Alabama, however, has no licensing requirement, though it does require that process servers be at least 18-years of age and be appointed by the court to serve the papers in question. Outside of those two requirements, just about anyone can be a process server in Alabama.