In California , the CC 98 regarding a declaration in lieu that the witness must be available within 20 days for service and

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1. Licensed in CA

   

   Frank Chen

   San Marino Litigation Lawyer

   Contributor Level 20

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   Answered February 24, 2013 21:18. If the declaration states that a certain legal service or person or law firm will accept service of the civil trial subpoena, you cannot object on this basis. Section 98 declarations in lieu typically have such statements.

   Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... moreFrank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney. less

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2. Licensed in CA

   

   Robert Kopelson

   San Jose Car / Auto Accident Lawyer

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   Answered February 24, 2013 21:28. Witness doesnt have to be there as long as they are authorized to accept service on her behalf. If you served them with the subpena, and she doesnt show up, then they cant use the declaration.

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3. Licensed in CA

   

   Constantine Buzunis

   San Diego Litigation Lawyer

   Contributor Level 17

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   Answered February 25, 2013 09:02. i agree with the other attorneys responses.

   Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... moreLegal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only. less

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