Is It Legal To Hide From Process Servers Delivering A Subpoena?

[arwalden]

Is anyone under any legal obligation to provide a process server (even if it's a deputy sheriff) with information that would help them to locate the person they seek?

-- Allen

And NO, it's not me!

[radwriter0555]

1. Criminal or Civil complaint?

?

[arwalden]

5. Civil... I Think

If I understand correctly, the person who may or may not be avoiding a subpoena used to be a programmer for Company 'C', now defunct.

Company A is suing Company B over patent infringement... but Company B claims that the patent was granted to Company A in error, and that the actual idea for the program was previously developed by Company C and that it's "prior art".

[ET Awful]

13. That would be civil, but being that the prior employee of Company C

is not a party in interest to the lawsuit, but just a witness of sorts, why would said party want to avoid service? They're just being called to provide input on which party (A or B) is telling the truth.

[arwalden]

16. Being Forced To Take UNPAID LEAVE From Work...

... would put a strain on her budget and daycare. Being grilled by patent lawyers on something that happened over 10 years ago is stressful and something that they want to avoid.

From what I've been told, this isn't the first time my friend has been forced to appear as an "expert witness". It happened once before when Company A was suing Company Z for the same patent infringement.

Apparently, back then, Company Z "won" when Company A agreed to drop the lawsuit. I'm guessing that the whole thing was a legal-stalemate, and no rightful ownership was established at that time.

[ET Awful]

17. Unfortunately, she's not being called as an expert witness, they get paid

good bucks for appearing.

I don't believe it's illegal for her to avoid service, but if she DOES get served, it's definitely illegal for her not to appear.

That does suck though.

[CanuckAmok]

15. So they're going after the Boogie Woogie Bugle Boy, now, eh?

That's dirty pool, son!

[Beware the Beast Man]

2. It may be legal, but just delaying the inevitable.

You can run, but you can't hide... :P

[Flaxbee]

4. you don't have to stand there with a white flag waving for the

server's attention; they'll keep coming until they get whomever they are looking for.

Don't think you should actively hide the person they're looking for, though... don't want to have any hint of the good ole "obstruction of justice".

[HEyHEY]

3. I suggest you bite the bullet

[mahina]

6. based on?

BTW my dogs look like that after a bath. I used to tell people they were polar dogs.
:)

[HEyHEY]

10. They'll get you eventually

[mahina]

12. I wish you were right, I really do...

We've got an individual over here who stole $6,600. from us, on video, he gave us his name and address which are correct (shockingly) and our police dept won't do anything.
I honestly wonder what it takes to get arrested in this town.

[Name removed]

7. Deleted message

Message removed by moderator. Click here to review the message board rules.

[arwalden]

8. Interesting Idea... I'll Pass It Along

Putting such a thing in my yard would not help... I'm just the go-to guy who's trying to ferret out the legal and legitimate options for someone I know.

I've already offered my advice on what I think they *should* do... now I'm just trying to find out what they MAY do.

[Lex]

9. Next step is that the person's name appears in the paper

because if you can't serve process on someone directly, by handing them the subpoena, then you take an ad in the Legals in their newspaper and advertise their name and that they are being sued and when they should appear in court on such-and-such a date.

Pick your poison.

[arwalden]

14. Heh... Yep That Would Be Embarrassing

But my friend isn't being sued or charged, so I'm not sure if such a remedy would be appropriate. I had heard of that method being used before for deadbeat dads and transient debtors. I suppose anything's possible. -- Thanks for the input!

[skygazer]

11. Legal and advisable (okay, maybe not advisable but

I think I'd probably avoid them).

As for providing information, I don't think anyone is under any legal obligation to do so.

Which reminds me of a funny story - a young guy I know was outside my house one day chatting with me when a sheriff's car pulled up. The sheriff asked this guy if he knew where so-and-so lived and immediately, the guy got all chatty. "Oh, yeah, I went to school with him. He lives on such and such street in the blue house. Drives a red Dodge pickup truck. He was home when I came down this way - he's out in the yard cutting wood. I think he was wearing a green sweatshirt."

After the cop left, I told the kid that I hoped the cops were never looking for me when he was around. He didn't even realize that he'd just ratted a friend out - just one of those naturally open and chatty types. :shrug:

[Seabiscuit]

18. Yes and no...

Yes, you have the right to hide from process servers.

No, you have no obligation to provide anyone with info that would help them locate the person they seek *unless* that person is a dangerous criminal and your failure to provide such info would amount to an obstruction of justice.

[arwalden]

19. That Certainly Makes Sense...

... and it's right in line with what I was thinking. Are you speaking with any authority or experience, or are you just being logical with the legal knowledge you've gleaned from watching too many movies?

I take your point about "hiding" a criminal. My friend is hardly someone that's dangerous and definitely not a criminal... nor does she have any interest in the outcome of the lawsuit.

I was just searching for confirmation that a avoiding subpoena to appear didn't have the same import as avoiding an arrest warrant.

Thanks for your input!

[Seabiscuit]

20. To answer your questions, I'm an attorney.

And yes, a subpoena is not an arrest warrant. You may avoid an arrest warrant without additional penalty, but an arrest warrant is issued by a judge pursuant to a criminal charge (even failure to appear in court, once properly served with a subpoena, can trigger the issuance of an arrest warrant).

[arwalden]

21. Thanks Again.

>> failure to appear in court, once properly served with a subpoena, can trigger the issuance of an arrest warrant <<

Thanks to Matlock and Perry Mason, that's something that I *was* aware of.