Can a subpoena for records be attached to family law Request for Order, in pro per?

Bankruptcy and Debt 3 views 3 answers
I was unable to locate any form for subpoena in family law on the court forms website (LA Superior Court, Van Nuys, CA). Does it exist?

Attorney Answers

3
Barbara Peyton ·
It is not a family law form. it is a separate subpoena form For business records you have to give notice to the consumer before the subpoena will be honored by the subpoenaed company. You might need a lawyer or a paralegal to help you with the subpoena process. It is separate and distinct from the Request For Order process
0 upvotes
Donald Conviser ·
There is no "family law" Subpoena, and the Subpoena forms are not local forms; they are Judicial Council forms. See www.courtinfo.ca/gov/forms/ for those forms. A Pro Per cannot issue his/her own Subpoena - it has to be issued by either an attorney of record of a party or the Superior Court clerk. You could retain an attorney on a Limited Scope basis to prepare and issue a Subpoena for you, or you could bring your Subpoena to the Clerk to issue it for you. You might or might not have to serve a Notice to Consumer or Employee, based on what sort of records you are seeking. There are technical statutes regarding service of Supboenas and Notices to Consumer, regarding things including when such a notice is required, and the timing of service on the other party and on the witness from whom you are seeking the records . You would best consult with an experienced Family Law Attorney regarding any Supboenas which you desire to prepare and serve.
0 upvotes
Wallace Francis ·
Subpoenas can be difficult to deal with. The most common type I use is the supboena duces tecum for production of business records. As other attorneys noted, you must have the court clerk issue it. Only attorneys can issue them without approval of the court. It must be personally served by someone NOT you, and you must serve a Notice to Consumer if these are employment records or consumer records such as bank statements. There are specific deadlines you have to meet. Best practice is mail the notice to consumer, wait ten days, then serve the subpoena. You have to be specific about what you are asking for. The better practice in this case is hire an attorney.
0 upvotes

People Also Asked