Monday, February 28, 2011

Subpoena

This is a copy of the Proof of Service from the first subpoena I served.
Subpoena

There are a few things I find important to know when serving subpoenas:

  • A subpoena “is a writ or order directed to a person and requiring the person’s attendance at a particular time and place to testify as a witness. It may also require a witness to bring any books, documents, or other things under the witness’s control which the witness is bound by law to produce in evidence.” (CCP , § 1985(a).)
  • A Subpoena can be issued by the following: Judge, Magistrate, Clerk, DA, DA Investigator, PD, PD Investigator, and the Attorney of record for the defendant. (PC § 1326.)
  • A Subpoena may be served by any person, 18 or older, except the defendant. (PC § 1328(a).)
  • The best way to serve a subpoena is in person. However, the next best way is through the mail or fax. The service is completed when the witness acknowledges receipt of the subpoena to the sender, by telephone, mail, or in person. They must identify themselves with their DOB or drivers license number. (PC§ 1328(d).)
  • To serve the police, it must be done in person or by delivering two copies to his or her immediate superior or agent designated. (PC § 1328(c).)
  • To serve a minor, one must serve the minor’s parent, guardian, conservator, or similar fiduciary (but not the defendant). One may serve the child if he or she is 12 years of age or older. (PC § 1328(b) (1).)

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