Legal Question in Business Law in California

Re: subpena a witness

It's your witness, meaning not just to testify in your behalf but friendly, cooperative and when you can trust then generally, you shouldn't have to subpoena that person. For insurance purposes to make sure that they are present when you need them, yes subpoena them. It's better to be safe than sorry! Summation exclamation. Remember, now you are before the Superior Court in a "real" trial. If it is worth it to you you may wish to consult with an attorney before, minimally, or have an attorney present representing you depending upon numbers of factors.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: subpena a witness

In general what one must do is fill out the Judicial Council-approved subpoena form and have it served on the witness, with a copy served on the opposing party. If the witness is a non-party, the witness mileage fee must be tendered with the subpoena; usually $50 will do. I suggest you go to the court clerk's office when they aren't busy and pick up the form. Could be that if you aren't an attorney you will need the clerk to issue it for you (attorneys are "officers of the court" and have the power to issue subpoenas themselves). Counties and courts may differ on their approach to in-pro.-per. subpoenas. Ask the clerk or the small-claims advisor.

I once issued my own subpoenas while appearing in pro. per. in Federal court, but it required a phone discussion with the clerk, and the clerk provided me with clerk-prepared forms.

Re: subpena a witness

Thank you for your inquiry.

To subpoena a witness, you have to prepare a subpoena, and then use a registered process server (including the county marshall's office) to serve the subpoena.

That can be done easily, with or without an attorney. As counsel also recommended, if this is a friendly witness, you may be able to persuade them to just show up.

I hope this helps, but feel free to email at [email protected] if you have any further questions.