Q: Is subpoena opposed based on minor technical defect in POS is subject to compelling?
Is subpoena opposed based on minor technical defect in POS is subject to compelling?
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A:
In California, minor technical defects in proof of service (POS) for a subpoena generally won't prevent the court from compelling compliance. The courts typically focus on substantial compliance rather than perfect technical execution.
If the opposing party can show they received actual notice and weren't prejudiced by the technical defect, the court will likely enforce the subpoena. The key consideration is whether the defect materially affected the party's rights or ability to respond. Common minor defects might include incorrect dates, typographical errors, or minor formatting issues.
However, you should still try to correct any known defects promptly to avoid potential delays or complications. If faced with opposition based on technical POS defects, you can file a motion to compel and explain how the defect was minor and didn't impair the opposing party's ability to respond. The court has discretion to overlook technical defects in service when the fundamental purpose of notice has been achieved.
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