• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help! How do I obtain a subpoena?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jloffman

Guest
I need to obtain a subpoena duces tecum for my upcoming case in California Small Claims court. Certain documents are absolutely necessary for my defense. Do I go to the small claims courthouse? A different courthouse? Through an attorney? I have no idea where to begin. Could someone please point me in the right direction?

FYI - I need to subpoena documents from two different sources. I only need the documents in court, not the individuals who currently possess them.

Thanks, your efforts are greatly appreciated.
 


I AM ALWAYS LIABLE

Senior Member
My response:

Okay. You go to the courthouse where your case is filed. Then, you go up to the Small Claims filing window. Behind that window, you'll see what appears to be a "clerk" - - either man or woman - - most often a woman.

Then, in a low, quiet voice, you carefully, and very gingerly, say to this clerk, "ahem, WAKE UP you idiot ! ! This isn't break time, you know ! ! "

Then, after you've scared the bejeebers out of the clerk, and the guards have reholstered their guns, politely ask for a couple of Subpoena forms. You'll fill it out, and check the box that says, "DUCES TECUM" and the other box that says, in essence, "deliver the documents to court but your presence for testimony is not required."

Then specify the documents either on the form, or in a separate declaration, and give everything to the Sheriff to serve the subpoenas. Pay the service fees.

Good luck.

IAAL
 
J

jloffman

Guest
Thank you for your response (and quick one, I care to mention). You should change your handle to "I AM ALWAYS RELIABLE".

LOL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top