Serving Subpoena in India

The service of subpoena in India is done by our trained and experienced process servers in an efficient and professional manner.  It is noteworthy that the service of process is effectuated upon a defendant whereas the service of a subpoena may be upon a defendant or a third party. A subpoena is issued by the court for the production of documents or order appearance before the court in a legal proceeding. In most jurisdictions, a subpoena is required to be served personally on the party. It becomes typical when the party on whom the subpoena is required to be served is based in some other country. Hence, proper care and caution should be observed in such cases.

The court issues subpoena when it requires a person or authority to do an act such as to testify or present information that may help support the facts that are at issue in a pending case. There are two types of subpoenas which are:

• Subpoena Ad Testificandum is a court summons to appear in person and give oral testimony for use at a hearing or trial. It commands the witness, under penalty, to appear at a trial and give testimony in a matter pending before the court. The courts shall issue subpoena for compulsory attendance of witnesses at hearings or trials when requested to do so by a party to the litigation.

• Subpoena Duces Tecum is issued by the court ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. It can be books of accounts, official letters, manuals, photographs or any other evidence which the court deems fit to be produced before it so as to enable it to take informed decision. The court can also seek information stored on computers or other storage devices in the possession of a party.