In Re Abrams

The trial court convicted petitioner Edward H. Abrams of criminal contempt of court for disobedience of a subpoe na duces tecum directing him to appear as a witness at the trial of a civil action. The subpoena was served on petitioner’s retained attorney rather than on petitioner. Petitioner seeks a writ of habeas corpus to vacate his conviction on the ground the court lacked personal jurisdiction over him.

Habeas corpus is a proper procedure to. challenge the adjudication. (E.g., In re Buckley (1973) 10 Cal.3d 237, 240, fn. 1 [ 110 Cal.Rptr. 121 , 514 P.2d 1201 , 68 A.L.R.3d 248 ].) We have stayed execution of sentence to review the matter.

Code of Civil Procedure section 1987 states a subpoena must be served personally. The pertinent language is: “Except as provided in Sections 68097.1 to 68097.8, inclusive, of the Government Code, the service of a subpoena is made by delivering a copy, or a ticket containing its substance, to the witness personally....” Section 1988 provides if a witness is concealing himself, the court may order service by breaking and entering. There are no other express statutory exceptions to the requirement of section 1987 of personal service of…