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

Beverly Hills, CA |

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

Thank you for your time. I really appreciate it.

Attorney Answers 5


  1. Best answer

    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 intended to be legal advice. Getting information from Avvo, or any site, is not a substitute for advice from a qualified attorney who considers all of the facts and circumstances. Nothing here creates an attorney-client relationship. You should consult with an attorney in person and reach an agreement on representation. This response is not intended to be an advertisement or solicitation of services in any jurisdiction where it does not fully comply with all applicable laws or rules.


  2. 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 offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX


  3. 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 fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.


  4. 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 informational purposes only. No guarantees are made.


  5. 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 context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado Hispano Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Accidentes, y Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Soy licenciado solo en el Estado de California.

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