How Do Subpoenas Work in Family Law Cases?
A subpoena is a court order that requires someone to appear in court or at a hearing. You can also use it to force someone to produce evidence needed by a party to the case. Someone who refuses to honor a subpoena can be charged with contempt of court and jailed. A subpoena might be used for a variety of purposes in a family law case – to uncover hidden marital assets, for example.
The reason why subpoenas are used so often is that in many cases, evidence needed by one party is in the possession of the other party or a third party (such as a bank). Once a legal case has been formally initiated, you can use the discovery process to demand evidence that is in the possession of someone else. If they refuse to comply, you can ask the judge to issue a subpoena. Refusing to comply with a subpoena can be punished by jail time.
Types of Subpoenas
The most common types of subpoenas used in California family law cases are:
● Form SUBP-001: This type of subpoena compels the recipient to appear for questioning at a trial or a hearing.
● Form SUBP-0015: This type of subpoena compels the recipient to appear for questioning at a deposition.
● Form SUBP-002: This type of subpoena requires the recipient to appear at a trial or hearing and to bring certain requested documents, such as financial records.
● Form SUBP-010: This type of subpoena requires the recipient to submit certain requested business records.
How to Subpoena Another Person
These instructions only apply when you are subpoenaing a party or a non-party witness to testify and/or bring documents to court. Different procedures are required if you want to subpoena business records but do not require the personal appearance of the recipient.
1. Have the court clerk sign a blank subpoena and affix the court seal to it.
Be sure to use the right form.
2. Fill out the subpoena form.
You will need the full legal name of the recipient. If you are demanding the production of documents as well, you will need to clearly specify the nature of these documents, because the other party will look for excuses to avoid complying with your wishes.
3. Make at least two copies of your issued subpoena.
One copy is for you and the other copy is for the recipient.
4. Serve the subpoena.
Serve the subpoena on the recipient in person. You can have someone else do this for you if you prefer, but the recipient must be served face to face, not by mail.
5. Fill out and sign the “Proof of Service” page (Page 3) of your copy of the subpoena.
If you had someone else deliver the subpoena, they must sign it.
6. Return your copy of the subpoena, including the Proof of Service, to the court clerk prior to your trial or hearing.
Keep in mind that the recipient has the right to contest the subpoena.
There’s No Time to Waste
If you are considering the possibility of joint custody, you are going to need to make an informed decision rather than a hasty one. To explore your options, call 909.204.7920 directly, fill out our online contact form, or stop by one of our offices in Rancho Cucamonga, Riverside, and Los Angeles.
