A California subpoena is a legal document that requires the person receiving it to do something as a mandatory request. The recipient cannot refuse to obey the document unless he or she has a legally sound reason. For example, a doctor can refuse to comply with a subpoena asking for medical records. Subpoenas are typically used in divorce cases to compel nonparties to attend court and testify and/or deliver information such as business documents. The subpoena is issued by the attorney, by legal counsel, or by the clerk of the court; if you are representing yourself.
There are different types of subpoenas, depending on a person’s needs:
• A Civil Subpoena for Personal Appearance at Trial or Hearing: This commands a nonparty to appear and testify. This type of subpoena is useful if a party wishes to make a person appear at an evidentiary hearing or trial and be a witness to testify against the divorcing party.
• A Subpoena for Production of Business Records: This commands a nonparty to produce business records. The subpoena includes a request that the witness bring certain documents with them at the trial or hearing. In most cases, the witness is asked to bring business documents, such as financial records. For example the wife/husband may include in this subpoena a request that their employer bring a printout of the working calendar where wife/husband is scheduled—in order to show what days husband worked during a certain period of time. This would be used to prove husband is dishonest about being unemployed.
• A Deposition Subpoenas For Personal Appearance and Production of Documents and Things: This commands a nonparty to appear, testify, and produce records and/or other things. Typical records in a divorce or support matter would include: bank records, credit-card statements, investment accounts, employment records, medical records, etc.
Contact Thorsteinson Law Group to help you with your divorce. We provide complimentary consultations, and are dedicated to helping you through the divorce process.