Subpoenas; Who May Serve

A subpoena may be served by the marshal, by his deputy, by any peace officer of the Territory, or by any other person who is not a party and who is not less than eighteen (18) years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named and by tendering to him the fee for one (1) day's attendance and the mileage allowed by law. SOURCE: Amended by P.L. 15-94:8, effective 01/17/80. NOTE: Section 75.25 is substantively the same as the first two sentences of former Rule 17(d). See also Fed. R. Crim. P. 17(d). Compare former §§ 1328 and 1329. See generally 8 Moore, Federal Practice &17.04 (1974). Public Law 15-94, § 8 amended this Section by adding, as a class of persons who may serve subpoenas, any peace officer of Guam. This amendment eliminates the problem of serving subpoenas in criminal cases and opens up a much larger source of manpower to serve subpoenas. It also eliminates the need of appointing persons as special deputies for the purpose of serving subpoenas. While, technically, peace officers came under the former except of Aany other person who is not a party ...@ their addition was to make sure that there can be no question about a policeman serving subpoenas. The amendment also makes a specific legislative direction to peace officers.