Q: Enforcing proper service of subpoena for records crucial for lawsuit.
Process server/deposition officer was paid for personal service of discovery deposition subpoena for records of witness.
Proof of service included technical errors.
Process server refuses to re-serve opposed subpoena.
What motion/declaration shall be filed with court, to issue court order to server - to re-serve subpoena for records properly?
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- California
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- Answered
A:
You can file a motion for an order directing the process server or deposition officer to properly re-serve the subpoena. Provide a concise statement of the facts showing how the original proof of service contained errors. Attach copies of any supporting evidence that shows the server refused to correct the mistakes.
In your declaration, detail all communication with the server, including any attempts you made to resolve the issue informally. Emphasize why these records are crucial to your case and how improper service jeopardizes your position. This approach shows the court that you made every effort to handle the matter without judicial intervention.
In your motion, request that the court issue an order compelling the server to effectuate proper service within a specified timeframe. Reference the relevant sections of the California Code of Civil Procedure that govern subpoena service for business records. Once the court grants that order, you can expect the server to comply or face possible sanctions.
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