Legal Question in Family Law in California

can only a lawyer file a deposition subpoena for production of business records or can I file it my selff. resident of calif


Asked on 10/20/15, 2:41 pm

2 Answers from Attorneys

Gary R. White Burton & White

You may obtain such a subpoena from the court, but subpoenas are not filed.

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Answered on 10/20/15, 3:00 pm

Technically only the court can issue a subpoena of any kind. As officers of the court, licensed attorneys are authorized by statute to issue subpoenas under the power of the court. Non-attorney litigants, not being officers of the court, must have the court issue their subpoenas. Contact the court clerk's office in the court where your case is pending to find out what procedures they want you to follow to have a subpoena issued. (As Mr. White notes, subpoenas are "issued" not "filed.")

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Answered on 10/20/15, 3:37 pm


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