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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102495
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How do i file a subpoena records and another opposing party

Customer Question

how do i file a subpoena for phone records for me and another opposing party in a terminate guardianship filing
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am going to assume that this is in COUNTY COURT.

1) A Subpoena Duces Tecum is filled out. See HERE.

2) It is taken the Court. The clerk will have to sign off on it. They may or may not have the Judge look at it as well.

3) Once it is signed off on (assuming it is), then one sends a copy to the third party (telephone company) which holds the records, and

4) A courtesy copy can be sent to the opposing party.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
can you give me californias duces tecum subpoena form?
Expert:  Ely replied 1 year ago.

You stated Nebraska for your state. But yes, I can provide one for CA - see HERE.

NOTE that service/notice of a subpoena have multiple nuances rules, depending on the jurisdiction. In CA, this is a little more complicated. See instructions HERE.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!