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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37003
Experience:  30 years as a family law lawyer .
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I divorce proceedings I need to subpoena bank statements and

Customer Question

I divorce proceedings I need to subpoena bank statements and records from an individual who works w my ex-spouse. The individual lives in CA but in a different county as the Court. How do I subpoena this person's records?
Submitted: 7 months ago.
Category: Family Law
Expert:  RayAnswers replied 7 months ago.
Hi and welcome to JA. Ray here to help you tonight. If you are wanting bank records from the bank a subpoena duces tecum, these are completed by clerk, you then have it served by sheriff or constable.You want to call the bank and ask who custodian of records is for the bank .. Make it out to ***** *****, custodian of the records for Wells Fargo Bank or something similar here are free forms.http://www.courts.ca.gov/documents/subp002.pdf The custodian here brings records to court where you can view them and they can authenticate them and they can be admitted by the judge.
Expert:  RayAnswers replied 7 months ago.
California Evidence Code Section 1560 (a) As used in this article:(1) “Business” includes every kind of business described in Section 1270.(2) “Record” includes every kind of record maintained by a business.(b) Except as provided in Section 1564, when a subpoena duces tecum is served upon the custodian of records or other qualified witness of a business in an action in which the business is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the business, it is sufficient compliance therewith if the custodian or other qualified witness delivers by mail or otherwise a true, legible, and durable copy of all of the records described in the subpoena to the clerk of the court or to another person described in subdivision (d) of Section 2026.010 of the Code of Civil Procedure, together with the affidavit described in Section 1561, within one of the following time periods:(1) In any criminal action, five days after the receipt of the subpoena.(2) In any civil action, within 15 days after the receipt of the subpoena.(3) Within the time agreed upon by the party who served the subpoena and the custodian or other qualified witness.(c) The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness, and date of subpoena clearly inscribed thereon;  the sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed as follows:(1) If the subpoena directs attendance in court, to the clerk of the court.(2) If the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena for the taking of the deposition or at the officer's place of business.(3) In other cases, to the officer, body, or tribunal conducting the hearing, at a like address.(d) Unless the parties to the proceeding otherwise agree, or unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, officer, body, or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at the trial, deposition, or hearing.  Records that are original documents and that are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom received.  Records that are copies may be destroyed.(e) As an alternative to the procedures described in subdivisions (b), (c), and (d), the subpoenaing party in a civil action may direct the witness to make the records available for inspection or copying by the party's attorney, the attorney's representative, or deposition officer as described in Section 2020.420 of the Code of Civil Procedure, at the witness' business address under reasonable conditions during normal business hours. Normal business hours, as used in this subdivision, means those hours that the business of the witness is normally open for business to the public.  When provided with at least five business days' advance notice by the party's attorney, attorney's representative, or deposition officer, the witness shall designate a time period of not less than six continuous hours on a date certain for copying of records subject to the subpoena by the party's attorney, attorney's representative, or deposition officer.  It shall be the responsibility of the attorney's representative to deliver any copy of the records as directed in the subpoena.  Disobedience to the deposition subpoena issued pursuant to this subdivision is punishable as provided in Section 2020.240 of the Code of Civil Procedure.- See more at: http://codes.findlaw.com/ca/evidence-code/evid-sect-1560.html#sthash.bsPeSTQ7.dpuf
Expert:  RayAnswers replied 7 months ago.
A subpoena duces tecum, also known as a subpoena for production of evidence, commands a person to appear at a particular location with a specified item (owned by that person or under his or her control) for use or examination in a legal proceeding. The recipient of a subpoena duces tecum is commonly required to present documents, such as personal papers and business records, and physical evidence to the court. The subpoena duces tecum once served will get the custodian and the records to appear at your hearing and you may then admit the documents based on custodian authenticating them. I appreciate the chance to help you tonight.Thanks again and the best. If you can psoitive rate when we are done it is always sincerely appreciated.

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