Do I need to go to the courthouse and get the clerk's signature on this form or can I just print it, fill it out, and have the party served? Do I need a process server or deputy or can a layperson serve it? Is the Proof of Service form the only thing I file? Thank you.
It is difficult to answer your question without additional information. I recommend that you consult an attorney or attorney service in your local area to assist you. Also, you may find helpful, California Code of Civil Procedure Section 1985, et. al. (and the codes that immediately follow). The Clerk doees not have to physically sign the forms. Most online forms already have the Clerk's signature once you print them out. I recommend that you retain an attorney or attorney service to help you with service. They will often serve as "deposition officers." Remember that on the application, you must state why the testimony and/or documents are materially relevant to your matter. The production of records shall not be less than 15 days from the date the Subpoena is issued. Also, keep in mind, that you, as the subponeaing party, are required by law to serve the Named Individual a Notice to the Consumer not less than 10 days prior to the date for the production of
records, plus the additional time provided Code of Civil Procedure Section 1013 if service is by mail. The Subpoena should be served in sufficient time to allow the witness a
reasonable time to locate and produce the records or copies. I recommend that you retain an attorney or attorney service to serve the Subpoena. There are many steps that must be carefully taken in order to avoid a motion to quash from the other side. Consulting an attorney may prove to be more cost effective in the long run.
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