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Subpoena
- Thread Starter william50
- Start date
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army judge
Super Moderator
Well, this will be challenging for you if you're in DC.
You'll need this form for starters.
http://www.courtinfo.ca.gov/forms/fillable/sc107.pdf
Then you must follow these instructions:
How do I prepare a subpoena?
1. If you are subpoenaing a person to come to court, fill out page 1 only. If you are requesting documents, complete pages 1 and 2 (form SC-107). (You will fill out page 3 later.)
2. Take the subpoena to the clerk. The clerk will look at the subpoena and may ask you a few questions.
3. After the clerk signs and stamps the subpoena, make copies.
4. After you make copies, serve the subpoena to the person or business you are subpoenaing. Anyone, even you, can serve your subpoena.
Serve a copy of the subpoena - not the original signed and stamped by the clerk.
5. After the subpoena is served, fill out Page 3 of the original subpoena (form SC-107). Have the person who served the subpoena sign at the bottom of page 3.
6. After you complete page 3 of the original subpoena and have it signed, return the subpoena to the clerk before your hearing.
Do I have to pay to subpoena a witness?
Witnesses can ask for $35 a day and 20 cents a mile each way at the time you serve the subpoena. Be prepared to pay the witness fees. If the witness asks for the money before your court date and you don't pay it, then the witness does not have to show up at your hearing.
Note: You don't have to pay anything if your witness doesn't ask for money. But you should have the money with you at court, in case the witness asks for the fees. SC-107 lets the witness know that they have a right to these fees, so the witness may ask for the money in front of the judge.
California offers a checklist for litigants.
http://www.courtinfo.ca.gov/selfhelp/smallclaims/checklist.htm
You might want to contact the court in which you're suing to seek additional instructions, such as how to return proof of service.
Witnesses in California can ask to be paid $35.00 a day plus 20 cents a mile for their travel. You subpoena someone, be ready to pay them. Some witnesses demand payment before they come to court. If you don't pay them up front, they don't have to come to court. Be prepared to pay witnesses before they arrive at court, if they demand to be paid up front!!!
You must serve your witness 15 days before the trial if they live in the county of the small claims court. If they live outside the county it must be 20 days prior to trial.
There are some exceptions and special cases.
Check with the court to be sure.
It also is affected by the method of service.
Check with the court.
http://www.ocsmallclaims.com/StartSCCase.aspx
http://research.lawyers.com/California/CA-Witnesses-at-a-Small-Claims-Trial.html
You'll need this form for starters.
http://www.courtinfo.ca.gov/forms/fillable/sc107.pdf
Then you must follow these instructions:
How do I prepare a subpoena?
1. If you are subpoenaing a person to come to court, fill out page 1 only. If you are requesting documents, complete pages 1 and 2 (form SC-107). (You will fill out page 3 later.)
2. Take the subpoena to the clerk. The clerk will look at the subpoena and may ask you a few questions.
3. After the clerk signs and stamps the subpoena, make copies.
4. After you make copies, serve the subpoena to the person or business you are subpoenaing. Anyone, even you, can serve your subpoena.
Serve a copy of the subpoena - not the original signed and stamped by the clerk.
5. After the subpoena is served, fill out Page 3 of the original subpoena (form SC-107). Have the person who served the subpoena sign at the bottom of page 3.
6. After you complete page 3 of the original subpoena and have it signed, return the subpoena to the clerk before your hearing.
Do I have to pay to subpoena a witness?
Witnesses can ask for $35 a day and 20 cents a mile each way at the time you serve the subpoena. Be prepared to pay the witness fees. If the witness asks for the money before your court date and you don't pay it, then the witness does not have to show up at your hearing.
Note: You don't have to pay anything if your witness doesn't ask for money. But you should have the money with you at court, in case the witness asks for the fees. SC-107 lets the witness know that they have a right to these fees, so the witness may ask for the money in front of the judge.
California offers a checklist for litigants.
http://www.courtinfo.ca.gov/selfhelp/smallclaims/checklist.htm
You might want to contact the court in which you're suing to seek additional instructions, such as how to return proof of service.
Witnesses in California can ask to be paid $35.00 a day plus 20 cents a mile for their travel. You subpoena someone, be ready to pay them. Some witnesses demand payment before they come to court. If you don't pay them up front, they don't have to come to court. Be prepared to pay witnesses before they arrive at court, if they demand to be paid up front!!!
You must serve your witness 15 days before the trial if they live in the county of the small claims court. If they live outside the county it must be 20 days prior to trial.
There are some exceptions and special cases.
Check with the court to be sure.
It also is affected by the method of service.
Check with the court.
http://www.ocsmallclaims.com/StartSCCase.aspx
http://research.lawyers.com/California/CA-Witnesses-at-a-Small-Claims-Trial.html
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