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How do I supoena records?

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Teach53

Junior Member
What is the name of your state (only U.S. law)? CA

I am acting as my own lawyer in a conservatorship regarding my 18 year old son. Presently, he goes back and forth between my ex and myself. I need to supoena (not sure how to spell it) records. How do I do this on my own? Please don't suggest I get a lawyer. All of my available resources were spent on the divorce lawyers and I make too much money to qualify for legal aid. I suspect my ex and the home health aide are charging service for care hours when my son has been with me and not with them. Thanks in advance.
 


garrula lingua

Senior Member
Subpoena. Go to:

California Courts: Forms

Go to 'No form group selected' or somesuch & click on arrow.
Go to Subpoena & select that as the form group
Then click on see forms (or somesuch language).
Examine the different types of Subpoena(e) that are available.
Sounds as though you want what's called a Subpoena Duces Tecum (SDT).
The same site will offer information for pro pers (those representing themselves). Mosey around the site.

The Court Clerk (Probate usually has their own clerk) should issue the Subpoena for you (lawyers can issue, or court clerk).
Good luck.
You may benefit from going to your local county law library & ask the librarian to point you in the right direction to read further on process of conservatorship/guardianships.
 
Last edited:

latigo

Senior Member
Who are the opposing advocates or parties in this Conservatorship thing and what is being contested by whom, over what and why and on what grounds? Is someone trying to have the Conservator removed from office, seeking an accounting, or what?

Are you desirous of subpoenaing records for purposes as evidence in a trial or hearing? Or through some form of discovery process like a deposition? Is the nature of the proceeding such that California Code of Civil Procedure permit discovery? If so, why not a Motion to Produce those records in lieu of a subpoena duces tecum?

If you are seeking the disclosure of relevant records for a hearing or trial purposes and you subpoena them for trial or hearing, you certainly aren’t going to have sufficient time to examine and analyze. Or even determine whether they are complete and/or accurate and/or relevant. Much less as a layperson know how to have them properly identified through their custodian and introduced into the court record.
.
And if you are an advocate and do not prevail, what are the chances of you being ordered to pay the other side’s attorney fees.

Frankly, I think you are biting off more than you can comfortably chew and digest
 

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