Non-Party Subpoena

What is the name of your state? California.

I'm trying to subpoena records (phone),I requested a subpoena from the superior court and it was signed(granted) however, the response I got back from the phone company was I had to submitt a non-party subpoena. I've been unable to find sufficient information on this; is there anyone out there that knows how to do this?

Thank you!

MLHT said:

What is the name of your state? California.

I'm trying to subpoena records (phone),I requested a subpoena from the superior court and it was signed(granted) however, the response I got back from the phone company was I had to submitt a non-party subpoena. I've been unable to find sufficient information on this; is there anyone out there that knows how to do this?

Thank you!

Click to expand...

My response:

Sure. You just used the wrong form for a "Subpoena Duces Tecum". Are you in "Limited" or "Unlimited" jurisdiction? I'll need to know that in order to tell you which forms you'll need.

Also, are you still in the "Discovery" phase, or are you trying to subpoena the documents for an upcoming, set, trial date?

IAAL

Non-party Subpoena

IAAL "My response:

Sure. You just used the wrong form for a "Subpoena Duces Tecum". Are you in "Limited" or "Unlimited" jurisdiction? I'll need to know that in order to tell you which forms you'll need.

Also, are you still in the "Discovery" phase, or are you trying to subpoena the documents for an upcoming, set, trial date?"


My Response:

The subpoena is for an upcoming date in San Bernardino County, unfortunately I don't know if it is a Limited or Unlimited jurisdiction. I used form number 982(a)(15.1) "Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration" which I got from (http://www.courtinfo.ca.gov/cgi-bin/forms.cgi)

MLHT

My response:

Sorry. If this was important to you, you should have come back yesterday - - not the next day. I had everything ready for you, but when you didn't come back with a response, I moved on. I'm not locating the correct forms for you again.

Additionally, remember I said, "Is your case "Limited" or Unlimited", because I'll need to know that in order to tell you which forms you'll need." Saying, "Unfortunately, I don't know" doesn't cut it.

If I say it's important to know that information, I mean it's "important". Then, you look at all of your paperwork and find out the answer.

IAAL

IAAL response:Sorry. If this was important to you, you should have come back yesterday - - not the next day. I had everything ready for you, but when you didn't come back with a response, I moved on. I'm not locating the correct forms for you again.

I have a career and a family, I don't spend my time checking this board three times a day I believe posting and waiting at least 24 hrs for a response is reasonable.

IAAL Response: Additionally, remember I said, "Is your case "Limited" or Unlimited", because I'll need to know that in order to tell you which forms you'll need." Saying, "Unfortunately, I don't know" doesn't cut it.

I'm not a lawyer therefore; any information that you are giving should come with an explanation/definition. I don't know what limited or unlimited jurisdiction is and since it's the weekend and this is the only access I have to a "legal type forum" would have thought I could get at least an elementary type of help.

IAAL response: If I say it's important to know that information, I mean it's "important". Then, you look at all of your paperwork and find out the answer.

My paper work does not state anywhere, and I've read every line, if this were limited or unlimited jurisdiction.

I've watched this board for the past two years and have found your responses to be rude, unhelpful, at times degrading, and find it hard to believe that you are in the law profession. You sound as if you are some bitter person who enjoys demeaning others not helping. Not sure if you expected me to be heart broken over you not helping me, believe me I’m not; I’m willing to bet you didn’t have the information at all. I guess I now realize that based on the name of the website you get what you pay for!

MLHT

This doesn't answer your questions completely, but might get you headed in the right direction!

I did a Google search for "unlimited jurisdiction" and one of the sites (a California court site), had this info:

Unlimited Jurisdiction cases:
If you have a case worth more than $25,000, you have an unlimited jurisdiction case. For these cases, you have to give the Clerk:

The Complaint, or petition,
A Civil Case Cover Sheet,
The filing fee (click here for Civil Filing Fees), and
An original copy of the Summons.
top of page �ª

The Clerk will endorse the Complaint, the Cover Sheet and the Summons, and give them back to you with something called a �gCivil Lawsuit Notice�h. This tells the date and time of your first Court hearing, and which Department and Judge your case is assigned to.

You�fll also get an ADR Information Sheet and a receipt for your filing fee. If you file your case on something called pleading paper instead of on a complaint form, your papers must follow the Rule of Court 201.



Limited Jurisdiction cases:
If your case is worth more than $10,000 but less than $25,000, you have a limited jurisdiction case. You have to file the same forms as Unlimited jurisdiction cases. And, your papers have to be numbered at the bottom of every page. The front page has to say, "demand exceeds $10,000.00" or "demand does not exceed $10,000.00". The front page also has to say "Limited Civil Case."

Thank God I'm not an attorney! So, use this info as just that....INFO!

Our Saviour, The INTERNET!

I just realized something very uplifting!! This internet thing is going to have so much info on it someday that the attorneys will have to drop their fee demands so far down that some of them may even have to live in trailers!!

So, load up on those steaks and lobster, guys; a long cold winter is a coming your way!!

Re: Our Saviour, The INTERNET!

azgrandpa said:

I just realized something very uplifting!! This internet thing is going to have so much info on it someday that the attorneys will have to drop their fee demands so far down that some of them may even have to live in trailers!!

**A: hahaha, that will never happen.
************

So, load up on those steaks and lobster, guys; a long cold winter is a coming your way!!

Click to expand...

**A: thanks for the warning.

Not a warning...just a suggestion.

And you're quite welcome.

azgrandpa said:

Not a warning...just a suggestion.

And you're quite welcome.

Click to expand...

**A: my extra freezer is full of steaks and lobster anyway.

Hey, I hear ya! You did learn something in Boy Scouts, Huh?

"Be Prepared"! But don't forget the most important item......TOILET PAPER!!!!
HAGD

I'll gave another roll.