13-4072

13-4072. Service of subpoena

A. A subpoena may be served by any person.

B. A subpoena may be served by any of the following methods:

1. Personal service.

2. Certified mail.

3. First class mail, if a certificate of service and return card is returned by the addressee.

C. Personal service of a subpoena is made by showing the original to the witness personally, informing him of its contents and delivering a copy of the subpoena to such witness. Written return of service of a subpoena must be made without delay, stating the time and place of service.

D. Subpoenas may be served by certified mail for delivery to addressee only. The subpoena shall be registered and mailed, postage and registry fee prepaid, to the addressee with a request endorsed on the envelope in the usual form for the return of the letter to the sender if not delivered within five days. The receipt of such certified letter by the addressee is deemed valid service upon him and the returned receipt signed by the addressee named in the subpoena is prima facie evidence of notification.

E. Subpoenas may be served by first class mail if the addressee is supplied with a certificate of service and return card. The return of such card signifies and states that the addressee has received official notice to appear in court, that he waives all further service of subpoena and that he submits to the jurisdiction of the court for the purposes set forth in the subpoena. The return of the signed card is prima facie evidence of notification.

F. A peace officer shall serve in his county any subpoena delivered to him for service, either on behalf of this state or the defendant.

G. The methods described in this section also apply to out-of-county subpoenas as set forth in section 13-4076.