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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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FOR JOSEPH, Is there a rule of law concerning evidence in

Resolved Question:

Is there a rule of law concerning evidence in California that leaves an option where an indigent Pro Se can ask the Presiding Judge to supoena witness and affidavits during OSC hearing?
Submitted: 6 years ago.
Category: Family Law
Expert:  Joseph replied 6 years ago.

Are you asking about your ability to issue a subpoena for an OSC hearing? And, as you mention indigent, requesting the court to pay all associated fees?



I am going off-line for the evening. Please feel free to respond and know that I will be back on-line tomorrow.


Thank you for your patience.

Customer: replied 6 years ago.

For Joseph

Thank you for your response so quickly. In regards XXXXX XXXXX first question, I was wondering if the courts afforded the same rights that the Judge could issue a supoena for a particular witness in the interest of justice on behalf of the indigent pro per if requested during the hearing or in the response paperwork. Usually there is a statute or rule covering this. The second question is interpreted correctly, yes to having the court pay fees as in criminal and civil proceeding. Look forward to your response'


Expert:  Joseph replied 6 years ago.

Thank you for the additional information. With that in mind, I have a couple other points...


When is the hearing?


What is it in reference to?


How many witnesses do you intend to subpoena and what would the essence of their testimony be?



Thank you.

Customer: replied 6 years ago.


Thank You for the way you get try to get the whole picture.

1. The Hearing is scheduled for February 28, 2011

2. This OSC Hearing is For my Spouse to have Temporary Use of Marital Residence. I find nothing wrong with her having the residence as this was her home before we were married. I had a 3 Bedroom House before we married and she had a 4 bedroom house. it was easier to combine the furnishings and since my furnishings were new, we moved them into the marital residence.

3. The hearing is based on false allegations of Domestic Abuse.

4. Her initial TRO request was withdrawn on the hearing we had Jan 24, 2011, because I told her attorney in advance I would ask for the recorded msg that their assumption of Domestic Violence to be entered in court. Her attorney knew the recording would be EXCULPATORY as one of the witnesses on my behalf is the Deputy Chief of Police for the City and the other witness is the marriage counselor we were seeing.

5. My Spouse stated under oath there has never been any domestic abuse on my part.

6. In this OSC, if I agree as it is written, in essence PRIMA FACIE, the argument of Domestic Violence, is reintroduced and validated.

7. I gave full control of the Marital Residence to her on Jan 5, 2011. on Jan 12, 2011, her attorney filed this paperwork knowing the allegations were false.

8. I am supoenaing the Deputy Chief, The Recording of the Supposed threat, The Marriage Counselor, The recording of the call I made to Police Dept reporting a missing person, a detective who has said he is willing to be supeonaed because he has intimate knowledge of the spouse's activities. The Marriage counselor is willing to testify about my pattern of behavior in conflicts- I am a FLIGHTER. The Deputy Chief is willing to testify that I have NO HISTORY of Domestic Violence and that they have never been called to our marital home. I am a preacher of 22 years and highly involved in the community helping homeless veterans and their families.

9.I filed for BIFURCATION and included some of this in my Declaration. My spouses attorney wants me to pull my Motion as this would let them off the hook at the next hearing on the 28th.



There is much more, but this kind of gives you a picture. My livelyhood depends on my reputation in the community. a public document where I say I agree with an inference of Domestic violence would be catastrophic for me and the people I minister to.

Expert:  Joseph replied 6 years ago.

Sorry for the delay, it's been a busy day in my office. Regardless....



Thank you again for the additional information, certainly most helpful. As to the subpoenas, you can pick up blank template documents from your local clerk of court. They will have the specific document that is recognized by your local courthouse.


Simply fill out each subpoena appropriately for each witness. As to service, I was unable to locate anything that states the court will pay for service for indigent parties. However, California does permit service by any person over the age of 18 that is not a party. So, you can have any family member or friend serve it for you!



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