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I'm not asking about the cost of service of process. I am going to get someone to serve the police department to have the officer show up as a witness. The Court has already determined that the case can proceed without paying filing fees. That same determination triggers the "no filing fee" for subpoenas; the question is whether I can interpret "filing fee" to be "witness fee."
Sorry, the answer is not clear. You interpret Code of Civil Procedure §527.6(w), "No fee shall be paid for a subpoena filed in connection with a petition alleging these acts" to supercede Government Code §68097.2, requiring the deposit? The judge already said subdivision (w) applies, but the police say they won't appear unless I pay the deposit.
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