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

Asked over 1 year ago - Los Angeles, CA

live within 150 miles . The credit card company witness lives in Virgina and she was not personally present at the location in Los Angeles she designated for service of a subpoena . Instead , the legal service the credit card company was using accepted service . Is this within the rules of CC 98 ? Can I object to the declaration on this basis especially if she doesn't show up ?

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . 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... more
  2. Robert Bruce Kopelson

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . 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.

  3. Constantine D. Buzunis

    Contributor Level 17

    2

    Lawyers agree

    1

    Answered . i agree with the other attorneys responses.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more

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