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pro se subpoena powers

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anabanana

Member
What is the name of your state?

What would a pro se litigant have to do to subpoena documentation? I can probably find the appropriate form (or format, at least) to use, but as a legal matter, would it have any less legal authority because it's coming from Anabana, pro se, as opposed to Anabana, Esq.? I have to get a judge to approve it first anyway, right?

ab
 


I AM ALWAYS LIABLE

Senior Member
anabanana said:
What is the name of your state?

What would a pro se litigant have to do to subpoena documentation? I can probably find the appropriate form (or format, at least) to use, but as a legal matter, would it have any less legal authority because it's coming from Anabana, pro se, as opposed to Anabana, Esq.? I have to get a judge to approve it first anyway, right?

ab

See Rule #2, above.

IAAL
 

anabanana

Member
Florida ... I'm in Florida, and evidently, the rules of procedure changed last year to allow attorneys to subpoena documents without a court order, either directly or through the court clerk (though I can tell you these clerks don't know anything about that) so as a pro se litigant (actually a creditor fighting someone's bankruptcy), wouldn't I have the same right?

Of course, the original question remains, which is that as a practical matter, because it's coming from Anabana, pro se, as opposed to Anabana, Esq., it's not going to be regarded very seriously by the recipient, right?

And further, since I have to subpoena documents from a Georgia corporation and I'm a Florida resident, they're probably going to laugh me off anyhow, right?

tnx
 

TunaTacos

Junior Member
I am not an attorney, but here is a link to bankruptcy forms. I am assuming from your post, that you are indicating that you are in an adversary proceeding. If so, print form B 255 from this link, fill it out, and have it served. Also, a subpeona is a subpeona no matter if it is from pro se, or an attorney, in my opinion. It's still a legal document that must be honored. If you need help with serving it, I have a friend who is a federal officer that might be able to serve it for you, or at least might know of someone to serve it for you, depending on the area of Georgia that it needs to be served.


http://www.uscourts.gov/bkforms/bankruptcy_forms.html
 

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