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

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

Beverly Hills, CA -

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Attorney Answers (5)

Donald Frederick Conviser

Donald Frederick Conviser

Divorce / Separation Lawyer - Woodland Hills, CA
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
Scott Charles Maccabe

Scott Charles Maccabe

Divorce / Separation Lawyer - San Juan Capistrano, CA
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
Daniel Seth Williams

Daniel Seth Williams

Divorce / Separation Lawyer - Pacific Grove, CA
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
Cameron Todd Norris

Cameron Todd Norris

Divorce / Separation Lawyer - Camarillo, CA
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
Manuel Alzamora Juarez

Manuel Alzamora Juarez

Divorce / Separation Lawyer - Berkeley, CA
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

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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