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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


  1. Best answer

    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.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm. Visit http://www.djylaw.com


  2. 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.


  3. 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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