If you are planning on bringing someone to court in the state of California as a witness, you will need to serve the person a subpoena. There are several steps involved, and you may need the help of a private investigator along the way. The following are the steps you will need to take in order to serve a valid subpoena.
- Fill out the proper form
For Small Claims subpoenas the form you will need to fill out is referred to as a Small Claims Subpoena form. The technical name of this form is Form SC-107. The form is only one page and is straightforward to fill out. However, you will need to know the name of the person you want to subpoena. It is here that we can offer our services. This person may be a key witness for you, but you may lack the information needed to be granted the subpoena, especially a name. Depending upon the amount of information you can provide us, we can track this person down if needed and find out his or her name.
- File the form with the clerk
For Small Claims in California, after the form is completed properly, you will need to give it to the clerk who will then make it an officially filed form with the courts. The clerk will also stamp it as filed and sign it. Once this is done, you will have a subpoena. You then need to make a couple of copies of this document for your own records.
- Serve the subpoena
Serving the subpoena can be difficult. The subpoena cannot be served by mail, but must be handed to the person named in the subpoena. You may not have the time to serve the subpoena in person. This is another service our company can provide. We can deliver the subpoena to the witness, and do so in a manner that does not seem belligerent. Sometimes a witness is not as friendly as you would like them to be, especially if they are in court under duress or against their will.
- The subpoena must be signed
You will also need to have the person being served sign the subpoena. You will now have proof that the subpoena was served and served properly. With the signed subpoena in hand, you must then take it back to the court clerk. Getting the proper signature can be tricky, but we can do the research for you and make sure the correct person is signing the form.
- Be prepared to pay fees
When you serve a subpoena to someone, California law allows them to ask for fees. If they ask for this money, you need to have a check ready to pay them. If they do not ask, you are not required to pay them. However, you need to be prepared to have a check ready, or you will only be wasting your time. We have years of experience serving subpoenas and can tell you how much a particular person will be entitled to when they are served.
Delivering a subpoena can be more difficult than you imagine, and that assumes you already know who you will be serving the subpoena too. If there is any information you need, even something as simple as a name, we can assist you. We can also make sure the subpoena is served and filed properly to meet all legal requirements. Don’t hesitate to contact us if you have a witness you need help serving.
Bruce Robertson
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