Service of a Motion on a Non-Party

[mariagonzalez]

We served a deposition subpoena on a non-party and he failed to appear at his deposition today. This non-party is also the plaintiff in two of the other related lawsuits against our client. We are going to file a motion to compel his attendance, and I am wondering if personal service is required or can he be served by mail. Thanks!

[lynneprescott]

Hi Maria,

Since it is now no longer a subpoena, but a motion, you should be able to serve him by mail per the requirements for serving a motion. If the non-party is represented by counsel and you have that information, you may want to include them on the Proof of Service as a courtesy copy.

[mariagonzalez]

Thank you Lynne!

[vivianshreve]

I agree with Lynne.

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