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Old 04-22-2019, 05:59 AM   #1
rallet
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Default Can I send a small claims court subpoena to a person in California?

Can I legally and validly send a small claims court subpoena to a person in California?

Will it be enforced?

I and my case are in New York and I need the CA person's credit card records to show something for my case.
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Old 04-22-2019, 01:30 PM   #2
adjusterjack
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Default Re: Can I send a small claims court subpoena to a person in California?

[SIZE=3]
Quote:
Originally Posted by rallet View Post
Can I legally and validly send a small claims court subpoena to a person in California?

Will it be enforced?
Yes. It's just not as easy as you think.

California [/SIZE][SIZE=3][SIZE=3](Cal. Civ. Proc. Code §§ 2020.100 et seq[/SIZE][/SIZE][SIZE=3][SIZE=3].[/SIZE][/SIZE][SIZE=3][SIZE=3]). California permits litigants to depose California witnesses for foreign actions by submitting foreign subpoenas to either a California-licensed attorney or the clerk of the court in the county where discovery is sought. [/SIZE][/SIZE][SIZE=3][SIZE=3]California lawyers must prepare the desired subpoena using the appropriate judicial council form, and need to include in the California subpoena the caption and case number of the foreign case and the name of the California superior court where the deposition is to be conducted. Cal. Civ. Proc. Code §§ 2029.350(a), (b); 2029.390. If you opt to pursue the deposition through a clerk of court, you also need to pay a filing fee and submit an application for issuance of a discovery subpoena in an action pending outside California on the appropriate judicial council form. Cal. Civ. Proc. Code §§ 2029.390; 2029.300. [/SIZE][/SIZE]
[SIZE=3][SIZE=3][/SIZE][/SIZE]
[SIZE=3][SIZE=3]You can find the cited California procedures at:[/SIZE][/SIZE]
[SIZE=3][SIZE=3][/SIZE][/SIZE]
[SIZE=3][SIZE=3]http://leginfo.legislature.ca.gov/fa...rocedure+-+CCP[/SIZE][/SIZE]
[SIZE=3][SIZE=3][/SIZE][/SIZE]
[SIZE=3][SIZE=3]Getting the records is only half the battle. The other half is getting them admitted as evidence in court. To accomplish that you will need the provider of the records to testify as to their content and authenticity or your opponent could easily get them declared inadmissible.[/SIZE][/SIZE]
[SIZE=3][SIZE=3][/SIZE][/SIZE]
[SIZE=3][SIZE=3]Obviously, the provider is unlikely to want to travel to NY to testify so you will have to file a motion with your judge asking for permission to have your provider testify by phone. That requires the consent of the judge and enough time to set up the phone and schedule the call.[/SIZE][/SIZE]
[SIZE=3][SIZE=3][/SIZE][/SIZE]
[SIZE=3][SIZE=3]Frankly, the fact that you have to rely on records from somebody across the country to make your case doesn't bode well for your chances of winning.[/SIZE][/SIZE]
[SIZE=3][SIZE=3][/SIZE][/SIZE]
[SIZE=3][SIZE=3]What, exactly, to you hope to prove with those records?
[/SIZE]
[/SIZE]


Sorry, I have no idea why crap like that happens on this website. Deal with it as best you can.
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Old 12-31-2019, 12:16 AM   #3
Lexus
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Default Re: Can I send a small claims court subpoena to a person in California?

A witness may be the difference between winning and losing your case. If you are not sure whether a witness will voluntarily appear at the hearing, you might consider issuing a subpoena. A subpoena is an order requiring a person to attend a particular event or proceeding, such as a small claims hearing. A subpoena duces tecum is an order requiring a person to produce documents or other things. In a small claims case, you can subpoena a witness to appear at your small claims hearing and testify only, or you can subpoena a witness to testify and bring documents with them. If you are representing yourself, you must have the court issue the subpoena before you serve it. To do that, fill out a subpoena form, submit your completed subpoena form to the clerk who will “issue” the subpoena, and have it “served” (delivered) to the person named in the subpoena who you are requiring to appear.
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Old 01-09-2020, 06:56 AM   #4
RyanRusso
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Default Re: Can I send a small claims court subpoena to a person in California?

It is not easy but not impossible
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