I need to subpoena DCFS social worker to OSC hearing re child custody/visitation in Los Angeles. I am pro per. How do I go about this. Do I just need to fill out some forms and serve it to her? What forms? I have only 2 weeks before hearing.
State/Country relating to question: California
Tried asking my legal aid who's been helping prepare declarations, but they are losing attorneys and dont have the man power to help right now.
Hello and welcome to JustAnswer. I would be happy to help you with your question.
To answer your question regarding the issuance of a subpoena in CA.............................there are several steps to the issuance of a subpoena in CA.......
First one must fill out Form SC-107 http://www.courts.ca.gov/documents/sc107.pdf
Next, take your subpoena to the Clerk and have it stamped as filed,
Make 2 copies of the subpoena (one for yourself and one for the party you need to subpoena)
Serve a copy (not the original) of the subpoena (in person) to the person. Anyone can serve the subpoena, even yourself.
Fill out page 3 of the SC-107 have the person who served the subpoena to sign the bottom of page 3.
Return the subpoena to the clerk before your trial.
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So the form states "small claims" and asks for a small claims case #. Is there a difference for family law case or a different form or its all the same?
Also when you say clerk do you mean the actual court room clerk or the file room clerk? Thanks!
You are correct that one is specific to small claims. Here is a CA CIVIL SUBPOENA, as you can see its substantially the same form, just take out the small claims portion. http://www.1-800-serve-em.com/forms/982a15CivilSubPersonAppatTrial.pdf
I mean the clerk of courts.
Divorce Law Firm.
One last question. Do I have to serve the subpoena before a certain time? Like at least 5 days before hearing kinda thing? Trying to figure out how much of a rush I am in to get these forms to the clerk etc.
I'm not sure of the exact time, but I would get this done asap if you only have two weeks before the hearing. Good Luck and thanks for using JustAnswer.
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