US Laws, Codes, Statutes & Cases

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 30
                      WITNESSES IN CRIMINAL PROCEEDINGS
    19-3007A.  SERVICE OF SUBPOENA BY MAIL OR MESSENGER. (1) Notwithstanding
the provisions of section 19-3007, Idaho Code, a subpoena may be delivered by
mail or messenger. Service shall be effected when the witness acknowledges
receipt of the subpoena to the sender by telephone, by mail, or in person, and
identifies himself or herself by reference to his date of birth and his
driver's license number or social security number. The sender shall make a
written notation of the identifying information obtained during any
acknowledgement by telephone or in person. A subpoena issued and acknowledged
pursuant to this section shall have the same force and effect as a subpoena
personally served. Failure to comply with a subpoena issued and acknowledged
pursuant to this section may be punished as a contempt, and the subpoena may
so state; provided, that a warrant of arrest or a body attachment may not be
issued based upon a failure to appear after being subpoenaed pursuant to this
section.
    (2)  A party requesting a continuance based upon the failure of a witness
to appear in court at the time and place required for his appearance or
testimony pursuant to a subpoena shall prove to the court that the party has
complied with the provisions of this section. Such a continuance shall only be
granted for a period of time which would allow personal service of the
subpoena and a reasonable time for the witness to appear before the court.