I involve in a civil suit with a debt collector and they sent me a C.C.P 98 Declaration in lieu of live testimony from someone from different state that use the address of the law firm that handles the lawsuit for the debt collector in San Francisco; not the address that witness live or work from different state. I would like to ask that witness to show up and testify in Santa Clara Superior Court; and if he/she does not, I would like to strike out the affidavits or declarations under penalty of perjury from that witness. How do I do it? I have court's form subp001, but don't know how to serve it to the witness at the address he/she provides in San Francisco. Also, do I have to pay for the plaintiff's witness to show up in court? Thank you very much.
I agree with the other responses: You don't need a special form. Simply remember to clearly mark the pleading or plain paper you use as "Attachment 4" at the top. Also, don't forget to specify the number of pages you're attaching in paragraph 1 of the form complaint. Good luck.
This response is based on limited information. It is not meant as and does not constitute legal advice and does not create an attorney-client relationship.