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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


  1. 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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