§ 45-52-235 — Methods of Service

(a)(1) In the courts of Morgan County, subpoenas requiring the attendance of witnesses in any civil, criminal, or other case or proceeding, or before the grand jury, may be served by the sheriff or by the deputy sheriff or by leaving a copy thereof at the place of residence of the witness or in the discretion of the sheriff or by the deputy sheriff, the sheriff or deputy sheriff may serve the same by placing a copy thereof in the United States mail, enclosing the subpoena in an envelop properly stamped and addressed to the person or witness to be served. Upon service by the sheriff or the deputy sheriff, upon any witness or person by any one of the foregoing methods, the sheriff or deputy sheriff shall immediately mark the process executed in the manner so served. If the subpoena so mailed is not delivered to the addressee but is returned to the sheriff or the deputy sheriff by the United States post office department, then the sheriff or the deputy sheriff shall immediately make a diligent effort to serve the subpoena personally or by leaving a copy at the place of residence of the witness.
(2) Anything to the contrary notwithstanding in subdivision (1), any judge of any of the courts of Morgan County having jurisdiction of the proceeding or case, on motion of any party or on motion of the court, may order any particular subpoena or the subpoenas in any case or proceeding to be served personally or by leaving a copy at the place of residence of the witness or person or by United States mail.
(b) The fees and charges for such service shall be as provided by law.

Legislative History

(Act 87-257, p. 360, §§ 1, 2; Act 94-368, p. 619, § 1.)