Q: Should I subpoena the Petitioner's attorney instead (using pleading paper) to bring his bank statement to court?
Petitioner & I have joint legal & physical custody of our 2 yr old daughter, as of 6 months ago.Petitioner is on probation for 5 years for his 3rd DUI & his driver's license has been suspended for 2 yrs.The terms of his probation are to "not drink or possess any alcoholic beverage or be where alcohol is the chief item of sale." He continues to drink daily.I subpoenaed both his bank statements (Wells Fargo) & Whole Foods Market (where he buys alcohol) using form subp010.Petitioner's attorney did not object to them.The purpose is to match his alcohol receipts to his bank statements.Wells Fargo called me this morning to inform me that they cannot comply with the subpoena because there is another name listed on his account and in California ALL parties have to be notified when a subpoena is served.Should I subpoena the Petitioner's attorney instead (using pleading paper) as a "Request for Production of Documents or Things" to bring them to court?There is no judicial council form.
A:
You would not subpoena the attorney for them. You could send a document production request via discovery for the bank statements and whole food receipts. However, that does not mean your ex will produce them. He or the attorney could object and it would be on you to demonstrate sufficient good cause to compel the production of the statements and receipts. Demonstrating sufficient good cause is difficult. You may be better off trying to prove your ex's alcoholism by some other means than how he allegedly buys alcohol.
Additionally, if you indeed prove he is buying and consuming alcohol, this may be grounds for a probation revocation. It doesn't affect custody and visitation, except in perhaps very minor ways.
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