Can a "In Pro Per" spouse issue/sign/request for a subpoena in a pending divorce dissolution? Or does an attorney have to issue?

Asked almost 2 years ago - Beverly Hills, CA

I can't afford to subpoena my husband, but I really need to.

Additional information

Thank you for your time. I really appreciate it.

Attorney answers (5)

  1. Donald Frederick Conviser

    Contributor Level 19


    Lawyers agree


    Answered . A Pro Per can't issue his/her own Subpoena. You need either a lawyer or the Court Clerk to issue the Subpoena. To do the latter, prepare the Subpoena first and bring it to the Court Clerk for the Clerk to issue it. Then you can have a copy of it served on the witness. You should first check to determine whether or not Notice to Consumer or Employee is first required. You would best consult with an experienced Family Law Attorney, or if you can't afford one, consult with a volunteer lawyer in the Court's Self-Help Clinic.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  2. Scott Charles Maccabe

    Contributor Level 10


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . No, you need the court clerk. Under CCP section 1985, you need a clerk, judge, or attorney of record. Your choice here is going to be the clerk.

    Orange County Family Law Attorney: (949) 218-0574 - This response provides general information, and is not... more
  3. Daniel Seth Williams


    Contributor Level 18


    Lawyers agree

    Answered . Go to the Courts self help for assistance to do it right, but yes they can

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more
  4. Cameron Todd Norris


    Contributor Level 11


    Lawyers agree

    Answered . I'm slightly confused about why you would have to subpoena your husband in the divorce--as he is most likely a party. If he is a party and fails to show up--the court can simply make orders in his absence.

    The form you want is SUBP-001. Take 3 copies to the self-help center closest to you, fill it out, take it to the clerk for their signature, then have someone else personally serve it on your husband. You can pay the Civil Division on the LA Sheriff's Dept. to personally serve it for you and that would be cheaper than most commercial process service companies.

    Best of luck.

    This and other interactions through Avvo do not constitute an attorney-client relationship and are made for... more
  5. Manuel Alzamora Juarez

    Contributor Level 20


    Lawyer agrees


    Answered . no, as a proper you cannot issue subpoenas. Get youself a lawyer to help you or go to the Court Clerk to issue the subpoena. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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