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Small Claims Witness Subpoena Across The State - California

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Propper

Junior Member
- California

I live in San Diego and have been subpoenad as a witness to a small claims court case in San Francisco. The subpoena form was filled out by the plaintif and says I have to appear in person to testify to a phone conversation he insists I heard that would "corroborate the plantifs version of erants." This is ridiculious, I'm a single father that works full time, I cannot travel accross the state to testify that i heard no such conversation, nor is it reasonable to ask me to do so as the plaintif has no other evidence. Is there any option other than me having to travel to San Francisco and back for 23 cents a mile? Thank you very much for your time and help.
 


M

Mary2

Guest
Propper said:
- California

I live in San Diego and have been subpoenad as a witness to a small claims court case in San Francisco. The subpoena form was filled out by the plaintif and says I have to appear in person to testify to a phone conversation he insists I heard that would "corroborate the plantifs version of erants." This is ridiculious, I'm a single father that works full time, I cannot travel accross the state to testify that i heard no such conversation, nor is it reasonable to ask me to do so as the plaintif has no other evidence. Is there any option other than me having to travel to San Francisco and back for 23 cents a mile? Thank you very much for your time and help.

My response:

Actually, the witness fees are $35.00 per day, plus .20 per mile both ways.

You can write, file and serve a Motion to Quash the Subpoena, but you haven't given me anything to go on insofar as "grounds" are concerned for such a Motion.

So, basically, there's nothing you can do except appear at the trial and testify. If you don't, the court can hold you in contempt, and levy the fine against you that is stated on the Subpoena.

IAAL
 

dcatz

Senior Member
I actually think you may have a better chance and it's worth a try.

You don't mention relevant time frames for service and appearance, which somewhat limits the response beyond general information.

Subpoena's are rarely needed and rarely used in Small Claims. Among the reasons is the fact that, aside from questions asked by the judge, there is no cross-examination by the adverse party. It's not uncommon for a witness not to even be called on.

You do have the right to ask that your statutory fees and expenses to be paid in advance and to decline to appear, if they are not. (see Calif. Code of Civil Procedure sect. 1986.57)

You have the right to motion the court to quash the subpoena entirely or to modify it by directing compliance on such terms and conditions as the Court may deem appropriate (and I suspect that you'd be successful with either, under the circumstances). And reasonable attorney's fee and expenses incurred in successfully making such a motion are recoverable.

If you were offered your fees and milage and that issue is eliminated, I suspect that your biggest enemy may be time (second only to the praticality of doing this in Small Claims.) I would suggest that you telephonically contact the Court and specifically the Clerk of the Court in the courtroom in which you are required to appear and explain the situation. If you told them that would be your intention to file a motion to have the Court quash or modify the subpoena but you need the hearing date continued to permit that, I'm almost certain that the Court would recognize the problem and come up with a solution that would be even more to your liking (like quashing the subpoena based on a letter.) SC courts are practical and informal.

To fully inform yourself of your rights, see CCP sect. 1986 et seq. You can find that here.
http://www.leginfo.ca.gov/calaw.html
 
M

Mary2

Guest
dcatz said:
I actually think you may have a better chance and it's worth a try.

You don't mention relevant time frames for service and appearance, which somewhat limits the response beyond general information.

Subpoena's are rarely needed and rarely used in Small Claims. Among the reasons is the fact that, aside from questions asked by the judge, there is no cross-examination by the adverse party. It's not uncommon for a witness not to even be called on.

You do have the right to ask that your statutory fees and expenses to be paid in advance and to decline to appear, if they are not. (see Calif. Code of Civil Procedure sect. 1986.57)

You have the right to motion the court to quash the subpoena entirely or to modify it by directing compliance on such terms and conditions as the Court may deem appropriate (and I suspect that you'd be successful with either, under the circumstances). And reasonable attorney's fee and expenses incurred in successfully making such a motion are recoverable.

If you were offered your fees and milage and that issue is eliminated, I suspect that your biggest enemy may be time (second only to the praticality of doing this in Small Claims.) I would suggest that you telephonically contact the Court and specifically the Clerk of the Court in the courtroom in which you are required to appear and explain the situation. If you told them that would be your intention to file a motion to have the Court quash or modify the subpoena but you need the hearing date continued to permit that, I'm almost certain that the Court would recognize the problem and come up with a solution that would be even more to your liking (like quashing the subpoena based on a letter.) SC courts are practical and informal.

To fully inform yourself of your rights, see CCP sect. 1986 et seq. You can find that here.
http://www.leginfo.ca.gov/calaw.html

There is no CCP 1986.57 any longer. It's been re-codified in the Government Code. CCP 1986.1 discusses Motions to Quash, however. I should have listed the controlling Code sections, but I didn't feel like "going that extra mile" on this type of an issue.

IAAL
 
M

Mary2

Guest
Mary Strikes Again By Changing My Forum Name!

What's the matter, Mary? Getting thin-skinned in your old age?

Mary&GarrySuck
Junior Member Join Date: Apr 2006
Posts: 7

Quote:
Originally Posted by Indiana Filer
IAAL,

I thought all that business was over! What happened?



I don't know where you got that idea, but no, it's not over. Mary knows what to do. She's the one who banned me, and keeps banning me, because she has tender skin. She's being childish, and as long as she's being childish, I'll do the same. I'll just keep coming back under different forum names - - since, apparently, that's what she wants, and can't do anything about it, except banning each new forum name.

I have, thus far, refrained from contacting her at her home out of respect for her kids who use the computer, preferring to let her know my thoughts about her on these forums. But, she knows what I want, and she can stop the lunacy if she wants. Or, I can keep coming back and taunting her. She refuses to contact me about this problem in any way, shape or form. Talk about childishness.

Got that, Mary?

IAAL
 

dcatz

Senior Member
Well, in this instance, I thank you.

Fortunately, I think I still left the OP with the information that I had intended but, thanks to you, I'll start double-checking myself on Code revisions, rather than relying on a fading memory.
 

BL

Senior Member
Rarely will a small claims Court Judge carry out a contempt , if one does not show up , or repond to a small claims court summons .

Such as information subponeas here , It's supose to be a misdomeanor crime if one doesn't comply . What a waste of tax payers money to let it go on the books and not be enforced .
 

Propper

Junior Member
The court date is set for May 18th, so I have a little bit of time. Some more pertinent information: the guy doesn't know the actual location of the defendant, and simply listed my address below the defendants name. Is this grounds to qush the subpoena? If he can't serve the defendant, how is there going to be a case? How do I go about filing a motion for a quash?
 

dcatz

Senior Member
No, not having the address is irrelevant to your objectives. By the same token, the defendant must be served not less than 10 days before the hearing. Unfortunately, even if you checked every day to see if a Proof of Service has been filed, that's not much help either. The plaintiff could come in the day of the hearing with a POS showing service had been made two weeks before.

While you were told the procedural rules, BL is right. Even if a SC court issued an order of civil contempt, little is going to done about it, as a practical matter. There's a good chance that it wouldn't be transmitted outside the SF court jurisdiction. Still, the statutues provide for sanctions for disobedience. Before you start thinking about getting an attorney to file a motion to quash (because someone would have to appear on the motion and that defeats the whole objective), I'd still think about contacting the Court to see if there's another solution. (The reference to subpoenas being rarely used or needed is straight out of the California Small Claims Court Judge's Benchbook.)

I'd also immediately demand my fees and costs, after talking to the Court. If the Court has no solution but you haven't been paid within 20 days, you still have an out. You're talking roughly $250 in milage, plus another $105 (3 days) to travel up and back and to appear. Chances are good that you won't get it, particularly is the plaintiff hasn't made service. If you do get it, use it to pay a local SF attorney to walk in and make a motion to quash. As I said, SC is pretty informal.
 

Propper

Junior Member
?

Where can I check for proof of service? And if he was unable to serve the defendant, do I still have to appear? Thank-you again for your time and help!
 

Zigner

Senior Member, Non-Attorney
Have you told the plaintiff what your testimony will be? If it goes totally against their version of the case, they might not even want you there.
 

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