How many days (Court or Calendar?) before the hearing must you serve a subpoena on a NON-party witness? FAMILY COURT

Family Law 3 views 3 answers
Family Court Is it 10 Court days prior to hearing? Subpoena to appear at hearing, NOT deposition subpoena.

Attorney Answers

3
Edna Straus ·
Technically you cannot issue a subpoena -- it is a court document and an attorney is an officer of the court. An attorney can issue one..Pro per litigants are not officers if the court. Subpoenas can be disobeyed if the witness fees are not paid--and they must be served so there is "reasonable" time to respond. Bottom line-- not a DIY project.
0 upvotes
Donald Conviser ·
There is no specific time requirement for serving a Subpoena for appearance in Court, but you should have the courtesy of serving it long enough before the hearing for the witness to make arrangements to handle other matters that the hearing may interfere with. A Pro Per cannot issue his/her own Subpoena. Only an attorney of record in a case or the Court Clerk can issue a Subpoena. Prepare the Subpoena and take it to the Clerk's office and request that the Clerk issue the Subpoena. Once prepared, serve a photocopy of it, keeping the original for your records, to file if needed. A party cannot serve documents in his/her own case. Your server must be a non-party, over the age of 18 years.
0 upvotes
Michael Harrington ·
There is no deadline, however, as soon as possible before the hearing so the other side is not sandbagged or blocked from being able to prepare. Also, be sure to file and serve a witness list.
0 upvotes

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