How far in advance must I receive a subpoena before the court date?

Here's the story--My brother is a police officer in Arkansas, and he arrested this guy a LONG time ago. Now the guy is being charged with something in New Mexico, and the trial is August 12. My brother did not receive the subpoena until August 3. New Mexico is 1400 miles away. Also, the subpoena was left under the windshield wiper of his car, so he did not even sign for it.

Is there any law that says how long in advance a subpoena must be served to be valid? Can they really make him go to New Mexico with only 9 days notice?

Answers:
Depending on what type of subpoena he got depends on the advance notice.

Arkansas rules which NM has to follow ~

Subpoena for Trial or Hearing ~ properly served with a subpoena at least two (2) days prior to the trial or hearing

Subpoena for Taking Depositions: Place of Examination ~ The witness must be properly served at least five (5) business days prior to the date of the deposition, unless the court grants leave for subpoena to be issued within that period

About the subpoena being left on the windshield. I can't find anything under both state laws saying that it can't be done that way. I know for a fact they can't do that here in TN since I'm "hiding out" from being served (only 12 days left lol ) (Edited to add~ Unless I refuse to touch it then they can just drop it on the floor.) I can't even answer the phone because they can serve me that way lol.

Your brother has 10 days from the day he recieved his subpoena to object to it in writing. Just call the court clerks office in NM they will help him anyway they can. Also if your brother is a cop he should be able to get legal advice from his dept.

sorry so late but I couldn't get signed up..Hope things work out
The subpoena is valid. Nowhere in law is there a stipulation that he must sign for it and a subpoena can be issued hours before trial.

Simply put, your brother needs to either hire an attorney to attempt to quash the subpoena or show up.

EDITED FOR KEN: And would you like to cite legal precident for your opinion? The fact is, a subpoena is good in any state until a court decides otherwise.

You might try law school if you're going to answer law questions.
Looks like your brother is going to New Mexico. He has more than enough time to arrange things so he can make the trial.
The New Mexico supboena has no force in Arkansas. Your brother did nothing in NM to give the court authority to order him to do anything, thus they cannot compel him to appear there. He should speak to his PBA or FOP attorney in your area.

If they need his testimony, you would think they would be a little more professional and courteous in contacting him.

Hexeliebe: I would suggest you refresh your recollection of personal jurisdiction and read the rules of court for NM which provide for service "any place within the state" (NM Rules of Court 5-511). Service of a supboena outside the state requires that the server follow the procedures outlined in the host state rules. Notwithstanding the rule, the simple matter is that the question clearly indicates to me that the NM court has no jurisdiction over the proposed witness. This is my recollection from my first year Civ Pro class where I received the CJS award for top paper prior to going on to graduate with honors. I didn't think I needed to write a treatise for this subject or post my CV here.

The short answers is this. They want his testimony, they should, as a matter of professionalism and courtesy, provide him with more notice and time. The jurisdictional question is secondary. He should talk to a local attorney familiar with the rules in Arkansas.
I don't know the law in those states. But in NY they can hand you the subpoena and say you are testifing today, get in the car.
I live in Texas. My boyfriend is in jail (for 8 months now). I received a subpoena on Wed the 1st for his trial on the 6th. Also, his father who lives in NC received his the same day.luckily the case got continued but they expected his father to get here with 5 days notice from 2000 miles away.


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