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Do I need to have a court date on calendar before I have a subpoena for evidence served, or can I get the evidence first?

Sun City, CA |
Filed under: Family law

I am in the state of California (Riverside County), and I would like to subpoena two law agencies as well as a correctional facility and 1 business for evidence in a child custody case against my against my ex-husband in order to prove his mental state. If possible, I would like to have all of my evidence together before requesting a court date to change the current custody order. Is this possible or do I need to wait until I have a court date on calendar before I get the subpoenas endorsed by the clerk and have them served? I also would like to have some people provide written statements (which they have offered to do) and submit them as evidence. What form would I use for this, and does it need to be notarized? Thank you in advance.

Attorney Answers 1

Posted

You've asked a bunch of complicated procedural and evidence questions, and it sounds like you're going to try to put together an evidentiary presentation without an experienced attorney. Bad idea. You should review all the facts of your situation with an experienced attorney, before you spend time trouble and money (there's a requirement for witness fee checks to go with any subpena to a law enforcement officwer, and process serving isn't free) trying to make this happen.

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Posted

I appreciate your professional opinion, and will certainly take it into careful consideration. I would very much like to have an attorney handle the matter, but I am not able to afford one, so I've just been doing the best that I can on my own. I am trying to get full physical and legal custody (at present, I have full physical, 1/2 legal) . My goal is to obtain evidence to support my position that he is not mentally stable and that this is a detriment to our two children. All of this is true (I pride myself on being fair and reasonable in all matters, even one such as this) and there is plenty of evidence of it, I just need to know how to go about getting it. I do know that there are witness fees and process server fees from the research that I've done. However, I haven't been able to determine with certainty if all this can be done before I have set a court date or only after. Thank you again for your time, and I will look into any free legal council that might exist in my area.

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