Q: in a family law case how does a person representing themselves send out a subpoena?
I am representing myself in California divorce action. I need to send subpoenas to banks, his employer, his pension and retirement funds. If I had an attorney, I understand issuing a subpoena would be easy, but since I’m representing myself, do I have to file something and actually ask a judge or can I prepare the subpoenas and ask the clerk to certify them? Is Sacramento California.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
When representing yourself in a family law case in California, you can issue a subpoena, but there are specific steps to follow. You don’t necessarily need to get a judge's permission to issue a subpoena, but you will need the court's help to make it official. You can prepare the subpoena forms yourself, and then bring them to the court clerk for them to be issued.
Once you’ve prepared the subpoenas, take them to the court where your case is being heard. The clerk will review your forms and, if everything is in order, will issue them. This means the clerk will provide a court seal and signature, making your subpoenas official.
After that, it’s your responsibility to ensure the subpoenas are properly served on the banks, employer, or other entities you need information from. You cannot serve the subpoena yourself; a third party who is not involved in the case and over 18 must handle the service. Be sure to follow all the rules for serving subpoenas in California to avoid any issues in your case.
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.
