Legal Question in Real Estate Law in California

Is it reasonable to use a CCP 1987 Notice to Appear at Trial upon Former Officers of an Home Owners Association who resigned before, during or after the dispute occurred between the HOA and an HOA homeowner? Such persons are not current officers of the HOA.


Asked on 7/23/14, 2:17 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The appropriateness of subpoenaing someone to appear as a witness depends upon several factors. Perhaps the most important of these is the relevance of the testimony they are likely to give. Bear in mind that the other side can and probably will cross-examine your witnesses, and if they are hostile to your position, they witnesses may do more harm than good for your case.

Most experienced trial attorneys would probably prefer to take the deposition of anyone they plan to subpoena to appear at trial, so they can (among other things) get some idea what the person will say on the witness stand (they generally can't contradict what they say in the deposition). This prevents many unwelcome surprises.

Finally, try to avoid calling too many or contradictory witnesses. Judges and juries quickly tire of "cumulative" evidence and testimony, and handling multiple witnesses takes time and skill during trial, when you may want to focus on other things, not about John Doe, who was supposed to be here in Department C at 11 sharp and its already 11:08. Also, if you are calling two or more ex-board members, there's the possibility that they will have opposing views and may contradict each other on some points.

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Answered on 7/23/14, 3:55 pm

Quite a long answer Mr. Whipple gave you without coming close to answering your question. The answer is "no," you cannot use a notice to appear to compel former officers and employees to appear for trial. Unless they are current officers or employees at the time, you must subpoena them.

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Answered on 7/23/14, 4:49 pm


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