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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
