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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39045
Experience:  Retired (mostly)
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Like I asked you on a separate thread. What is the process

Resolved Question:

Like I asked you on a separate thread. What is the process of getting information such as a copy of passport and pay stubs etc from my wife's attorney to prepare a response to custody hearing.
Submitted: 4 years ago.
Category: Legal
Expert:  socrateaser replied 4 years ago.

There are two different regimes that you will have to follow. For the other party, you would serve a CCP 1987(b)-(c) notice to appear and produce certain documents at the hearing.

There's no form, you have to create your own plain-paper notice and serve it on your ex or her lawyer. There is a sample notice at this link.

You will have to reformat the notice for your purposes.

Re the alleged fraudulent employer, you will need a Civil Subpoena Duces Tecum. There is a form, but the procedure is very complicated.

I need to take a dinner break. If you would be so kind as to provide a positive rating for this answer, I will come back and address the subpoena later this evening.


Thanks in advance!

Customer: replied 4 years ago.
Thanks for quick response. The sample that you have provided to me is pertaining "TO NOTICE TO APPEAR WITH DOCUMENTS AT TRIAL under Pursuant to C.C.P. Sections 1987(b) and (c)]." appears to be a CIVIL Code section. Does it also apply to Family law. I would really appreciate if you could provide me a sample of family law case.

I need the documents to prepare my response before hearing and not at the date of Trial. If I file this request to the attorney do you think that opposing counsel has to produce these documents under the above mentioned section before first court hearing. If yes then how can I specify the timeline. I think typically it is a week prior to hearing date.
Expert:  socrateaser replied 4 years ago.
Family Court and Civil Court use the same notice and subpoena forms to require witness attendance.

The notice forces the other party to bring the documents to the hearing. You cannot force the other party to copy the documents to you before the hearing. You would simply call the party to testify, and then ask if she has brought the documents requested by the CCP 1987(c) notice. If she says, "no," then you can ask the court to continue the hearing and order the other party to return with the documents at the next hearing, under penalty of contempt of court.

Hope this helps.
Customer: replied 4 years ago.
One final question on this thread. If the other party brings the documents on the day of hearing then can I ask the court to give me more time to study those documents so that I can prepare my response appropriately.
Expert:  socrateaser replied 4 years ago.
You can, but I wouldn't count on getting any additional time. If I were doing this, I would assume in advance that I would find what I was looking for in the documents, and have my questions ready, for that situation, as well as for the situation where the documents do not provide what I expected.

Hope this helps.
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