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Can a soepena be served on the dy of or day before court d…

Can a soepena be served...
Can a soepena be served on the dy of or day before court date--
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Answered in 9 minutes by:
10/1/2012
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,928
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Yes, the court may order such late service of a subpoena. The party receiving such late notice may object to the subpoena based on lack of "reasonable notice," which is required by the CA Code of Civil Procedure Section 1987(a). The code does not specify any number of days, it just states "reasonable notice" which could be the day before or even the day of a trial, depending on the circumstances and the court's discretion.


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Customer reply replied 5 years ago

I am a Therapist who has been working with a child who has been in the middle of and 11 year volitile custody suit. I learned on Friday that one of the parties believed I had been soepened to appear on Tuesday--I have not yet been served but have every reason to believe now that I will be. Although they have offered to place me "on call for 4 !/2 hours, I cannot place my patients on call thus must cancel 5 patients. Do I have any recourse or should I appear when I get served


 

Your recourse would be to file an objection to the court for the subpoena or avoid service of the subpoena (which would be difficult to do). If you are actually served a subpoena, legally you have to appear or file a written objection based on lack of reasonable notice as required by the statute.
Law Educator, Esq.
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