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How do I properly serve a subpoena for records?

San Diego, CA |

I am in pro per. I need to serve subpoenas on my ex's employer and bank. My ex lied on her Income & Expense Declaration & refuses to provide copies of paystubs per the FL-396 i served on her. I can articulate why I need the records to prove she is being untruthful again.
I asked the Court Clerk for two subpoenas, and they gave me a handful of SUBP-002's!
Question 1 - is this form adequate for employment and bank records? Or do I need to use a SUBP-010?
Question 2 - if this form is okay, can I have a third party serve it or does a deposition officer need to serve. (i know the response goes to the dep officer to make copies)
Question 3 - Do I need to send a SUBP-025 with it since I am asking for consumer/employ records?
Is there anything else I need to do that I am missing?? Thanks

Attorney Answers 2

Posted

You must serve a SUB-025 BEFORE you serve the form in any event. If you are in the discovery period and simply looking for "business records", serve SUB-010. If you are asking for records for trial, serve SUB-002. UNLESS the propounding party agrees to service in any other manner, the notice and subpoena must be personally served. It can be served by any third party but the proper proof of service must be prepared and signed by the serving party.

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Asker

Posted

Regarding the "propounding party," do you mean the employer/bank or my ex? I'm confused by this term. I interpret it to mean the employer/bank may agree to service in another manner (ie. by mail). But when I look up the definition of propounding party, i interpret that to mean me: i am the person propounding the request.

Asker

Posted

Also, since I am In Pro Per, I know I have to have a deposition officer receive the docs. I have a friend who is an attorney. Can I have them be my "deposition officer" even though they are not my attorney of record and/or are not actually issuing the subpoena? Thank you for your help...i truly appreciate it!

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

Your friend the atty can be the depo officer. You can also find services that do this, as they do these all the time. They will fill out the right forms, serve, copy and do it as reqd by law.

Posted

I agree with counsel. Best of luck.

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.

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