Serving an out-of-state subpoena in West Virginia can be a complex process that requires being mindful of specific rules, regulations, and requirements. The issuing state court must enter an order authorizing a West Virginia court clerk to accept service on behalf of the out-of-state party.
For the court to do so, accompanying documents such as a sealed copy of the subpoena, verification of its due execution, a written request for issuance, and a fee affixed by Postal Service Money Order must accompany the application.
Keep reading to learn more about the requirements for foreign subpoenas in West Virginia.
Issuing an Out-of-State Subpoena in West Virginia
Several requirements must be followed when issuing an out-of-state subpoena in West Virginia. The party served with the subpoena must be located outside of West Virginia and within the United States.
In addition, the individual or business being served must have some connection to the cause of action in question. They may either possess information relevant to the case or be necessary witnesses.
The party initiating service of process will also need to complete several specific forms for the documents to be considered valid. These include an application for subpoenas, a certificate of compliance with the West Virginia Code, and a return of service form. All forms must be correctly completed and notarized, then submitted to the appropriate court.
An out-of-state subpoena must be accompanied by a filing fee and served on the party within 30 days of issuance. Service must be made following the law of the jurisdiction where the service is being performed or according to federal law for interstate service. The return of service form must then be filed with the court to prove that the service has been completed.
Validity of West Virginia Foreign Subpoena
Once all requirements have been met, an out-of-state subpoena will be considered valid and enforceable in a West Virginia court. It is important to note that failure to comply with any of these requirements may result in the subpoena being deemed invalid, so it is crucial to ensure that all steps are taken correctly and promptly.
By following these guidelines, a party can be sure that their out-of-state subpoena will be valid in West Virginia.
Types of Lawsuits that Involve an Out-of-State Subpoena in West Virginia
Foreign subpoenas in West Virginia are typically used when an individual or business outside the state has information relevant to a case occurring within the state. The most common cases involving out-of-state subpoenas include personal injury, breach of contract, employment law, and construction litigation matters.
These cases may require the testimony of a witness or documents from an individual outside West Virginia, which can be made possible using a valid out-of-state subpoena. It is also possible to initiate service of process for other types of civil actions involving individuals in another jurisdiction.
Let a Reliable Process Serving Agency Handle Everything
Issuing an out-of-state subpoena in West Virginia can be a complicated process with many requirements that must be met to remain in compliance with state and federal laws. That is why it is often best to entrust the service of process to a dependable process serving agency.
Serve Index LLC has years of experience dealing with out-of-state subpoenas and will ensure that everything is handled correctly. By choosing us, you can save time, money, and hassle. You can also be sure that your out-of-state subpoena will be valid and enforceable in a West Virginia court.
Request a quote today.
