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How to subpoena witness to assault?

Buena Park, CA |

I was assaulted, I have Civil Restraining Order hearing in less than 2 weeks. Witnesses refuse to get involved. Question, can I have a physically disabled person give a statement to Nortary Public to provide at hearing? Originally, court clerk said to only Serve witnesses if they don't show up to first hearing. Huh? Confused, I spoke w/ another court clerk who said subpoena should have been served to witnesses 21 to 30 days prior to court hearing. Huh? This all happend in last 3 weeks, impossible to have given that much notice.

Attorney Answers 3

Posted

You need to have the clerk issue a subpoena for the witness to appear and then have them served by a process server or non involved party. You then need to file the proof of service with the court. If they do not appear the court can issue a warrant for them to appear in court. If you have an attorney, an attorney can issue a subpoena and does not have to go through the court clerk. Subpoena does not have to be served 21-30 days prior to the court hearing. You should really hire counsel on a civil restraining order because if you prevail the court can award attorneys fees and if you lost the other party can be awarded attorneys fees if they hired one to defend the action.

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Posted

1. I'm wondering if the he was assaulted, why he is not taking civil action to sue the assailant, and why the government is not taking criminal action against the assaulter. Civil Restraining Order is waste of time, in my opinion. 2. He mentioned the witness is physically disabled. How does it matter if he has physical disability. If he doesn't want to come to court, he won't want to make written statement. He has no value as the witness if he cannot personally make statement and willing to be cross examined. I see Judge Judy say that the "witness" value is diminished if they can't be in the court personally. I won't make any written statement on someone else's behalf as a witness as I don't know how that will be used. Something is fishy there. He should subpoena the witness if he/she will come.

Posted

You need an attorney. Period.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

You need to have each witness served with a subpoena before the hearing you want them to testify at. A statement even with a notarization should not be admitted into evidence.

Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.

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