Q: How do I get the defendants to bring the found property to court with them? Can I serve something with their summons?
In order to prove the found property belongs to me I need the defendants to bring that property to court, how do I do that?
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- California
- (916) 704-3009
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- Answered
A:
Under California law, to ensure the defendants bring the found property to court, you can request a court order, often referred to as a "subpoena duces tecum." This is a legal tool used to command a person to bring physical evidence to court. When filing your case, you should indicate your need for this order, specifying the exact items you believe are crucial to your case.
To obtain a subpoena duces tecum, you typically need to file a request with the court, detailing the specific property you want presented and explaining why it is important for your case. This process may vary slightly depending on the court's rules, so checking with the court clerk or consulting local rules is wise. It's essential to do this well in advance of your court date to ensure compliance by the defendants.
Moreover, it's important to serve the subpoena according to the state's rules for service of process to be effective. You may need to involve a third party, such as a sheriff or a professional process server, to serve the subpoena to the defendants. This ensures they are legally notified and required to bring the specified property to court. Failure to comply with a subpoena can result in penalties for the party, helping to ensure that your request is taken seriously.
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