I don't have money for an attorney so I am representing myself in my divorce. I prepared a subpoena and had it issued, stamped and signed by the court clerk. Does it need to be served by someone other than myself and are there any time restrictions for a court date in two months away. Thank you.
Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA ·
My understanding is that you can do so, but I'd have a credible third party do so. You don't want to ask yourself questions while being, simultaneously, your advocate and your witness.
You do not need an attorney to serve the subpoena, you can have anyone over 18 but not yourself serve it; you can contact any attorney's service office or process server in the area to do the service for you as well. It seems that you are good on the timing as the trail is still 2 months away.
No you cannot serve the subpoena. It must be someone other than you, older than 18 who serves the subpoena. There are many local servers available. You should contact one of them and pay the fee.
You can use a marshall to serve the person, they are less expensive and their proof of service will be accepted by the court.
I handle family law matters:, child custody, property dispute in Los Angeles or Orange County, California. Always consult attorneys in your state!! Use ’s tab “find a Lawyer” above.
In all legal matters, the court generally uses the reasoning of IRAC. I for issues, what are the facts and what remedies do you seek. R stands for rules and reasoning, what are the laws and what makes common sense. A is analysis how do the laws and common sense apply, C is conclusion, what are the arguments pro and con..
I do limited scope agreements, where I only prepare the papers for court and try to prepare you for testify; I always recommend using an attorney when you can afford one as that usually increases your chances of winning.
Do you want your current or ex-spouse to know or hire me first?
In child custody, the simplest explanation is “what is in the best interests of the child (ren). In support proof of earnings, needs of the children and percentage of time spent with the child(ren).
In Community versus Separate Property, considerations include tracing the funds, and how profits are made.
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I concur with my fellow attorneys - you may not serve the subpoena yourself. A subpoena may be served by any person who is at least 18 years old and not a party to the action. If your court date is two months away you have plenty of time to get someone to serve it.
A subpoena can be served by any one over 18 who is not a party to the action. You are a party to the action, so you cannot serve it. The best way to do this is to hire a process server, which is not that expensive. Google the term "process server " and the name of your town, and you will find a list of several.
If you have to go to court to prove that you served the papers, then you can present the process server's proof of service. If you do not want to spend the money, you can have a friend do it, but the most effective way to do this is by a process server.
