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Thank you. Does this apply to California Law?
Is it possible for funds to be removed from an account after the writ has been issued, but before it is executed upon?
Thank you. My next question will take a moment to write.
RE: California Penal Code section 138(a) Witness tampering. I am acting In Pro Per. I mistakenly served a SDT rather than a subpoena for
sorry about that I sent by accident and will finish question on next screen
business records. I have since had the proper subpoenas issued and served. However, opposing counsel sent the following letter to my witnesses instead of using the appropriate legal remedies:
"Today I received a document entitled "Civil Subpoena Duces Tecum for Personal Appearance and Production of Documents . . . at Trial or Hearing and Declaration" from _______, that was allegedly personally served on you. The person that issued the subpoena is __________, who stated that her title is "Pro Per." Be informed that the dubpoena is invalid onits face on at least three levels 1) there is no trial or hearing set for April 19, 2013; 2) she failed to complete item #4 which requires her to list the name and telephone number of the subpoenaing party or attorney and 3) ___________ is not authorized to issue the subpoena. She is neither a clerk, judge, or attorney at law, as required under Cal. Code Civ. Proc. 1985. There are, of course, further issues as to whether the "good cause for the production of the documents" supports the documents demanded. I am sending a demand to ___________ that she immediately notify you of her cancellation of the invalid subpoena. If she does not, you may wish to ascertain for yourself what your obligations may or may not be. If you have any questions, please do not hesitate to give me a call. It is my understanding under Penal Code 138(a) that this is witness tampering and undethical conduct on her part. My quesiton is - if I bring it before the court how would you anticipate them responding? Also, should I bring it up as a sidebar or in chambers? thanks
Thank you. Next question... Based upon the previous scenario, several witnesses have failed to comply with the subpoenas, based upon the advice received from opposing counsel by letter. What is the procedure for compelling compliance with a subpoena?
By subpoenas, I mean the properly re-issued subpoenas.
Excellent! In filing my served subpoena with the court do I need to file the original or will a copy do? Thanks
Last question... Opposing counsel has submitted numerous documents to the court containing mis-statement, half truths, and complete falsehoods. She has also intimidated a witness into signing declarations against her own interests by threatening that witness along with her client of the loss of her job. The witness has to come to me and wants to recant her previous declaration. How do I address the statements made by opposing counsel and the witness' request to recant previous declarations? Does this impeach the witness for future declarations which would be in my favor?
Thank you. Can you be more specific as to the recanting of a dec and submission of additional decs by witness.
Does recanting taint a wit for all future decs?
Thank you - this really helps me. Hopefully, we can talk again. Good night.
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