Full question:
I have filed a small claims action against a husband and wife for taking the appliances out of a home we bought from them that was to include appliances. They replaced them with non-working models. They are separated and the court said they may not be able to serve the husband because he is not living here (he works in another county). My first question: Is serving only the wife sufficient? If they are married, is serving one the same as serving both? My second question: Can I serve the bank and his employer with a subpoena duces tecum to produce documents prior to court in order to find him to be served?
- Category: Civil Actions
- Subcategory: Summons
- Date:
- State: Wyoming
Answer:
A husband and wife are considered separate individuals and must be served separately if not living together. Tpyically, a subpoena may only be served by a court officer, such as an attorney. I suggest calling the clerk of courts, as local rules vary.
http://definitions.uslegal.com/d/discovery-interrogatories/
http://definitions.uslegal.com/d/discovery-depositions/
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