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| 2003/7/1-2 [Reference/Law/Court] UID:28888 Activity:high |
7/1 A witness of an accident I had refuses to come to the court house
because he said "there is nothing in it for me." How do I issue a
subpoena in a small claims court?
\_ behold the power of google
http://www.courtinfo.ca.gov/selfhelp/smallclaims/subpoena.htm
\_ All well and good, but it's pretty difficult to make a
witness show up AND be useful if they're not interested.
Will small claims accept an affidavit in place?
\_ Damn this google crap. Pretty soon, I'll have no use for the
motd! Curses!
\_ well, it's still good as an intelligent google front-end.
\_ what about this resembles intelligence?
\_ "If you show and say the right things I won't kill you, that's
whats in it for you, you selfish stupid bastard!" always worked
for me. --never lost a court case
\_ isn't this "assault" or some fancy legal term?
\_ You better have a reaaaally open-and-shut case, because the
testimony of a witness that you forced to show up could be worse than
no testimony at all...
\_ I second that. We are having to resort to an uncooperative
witness in one of our cases (on the bright side, the opposing
party isn't having much luck either). Your best bet is to get
him/her to cooperate, but beware of anything that may be
construed as creating bias. Otherwise, you'll have to go
through the trouble of impeaching him/her on the fabrications.
\_ Look up "Everybody's Guide to Small Claims Court in CA", Nolo |
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| www.courtinfo.ca.gov/selfhelp/smallclaims/subpoena.htm Click here to return to the Self-Help home page 10 Return to Self-Help Center Home 11 Ask the Librarian 12 Free Legal Help 13 Search the Self-Help Site 14 Site Map 15 Glossary 16 Site Help 17 Return to the California Courts home page Other Small Claims Topics: 18 Small Claims Basics 19 What To Do If You Are Suing 20 What To Do If You Are Being Sued 21 Mediation 22 Research Your Case 23 Get Ready for Court 24 Collect Your Judgment 25 County-Specific Court Information 26 Small Claims Links 27 Questions and Answers 28 Forms For Small Claims Cases 29 Spanish/Espaol You are here: 30 Small Claims > 31 Get Ready for Court > Subpoena a Witness Subpoena a Witness Do I need to subpoena someone? You need to subpoena a witness if: * Your witness won't come to court, or * Someone won't give you the documents you need to prove your case. A subpoena is a court order that says that your witness has to come to court. It can also say that someone has to bring certain papers to court at your hearing. You can get your subpoena (form SC-107) from the small claims clerk or 32 download it here (in PDF format). You'll need to know the name of the witness that you want to come to court. Or exactly what papers you want the person to bring to your hearing. Fill out pages 1 and 2 of the subpoena ( 33 form SC-107). The clerk will look at the subpoena and may ask you a few questions. After the clerk signs and stamps the subpoena, make copies. After you make copies, deliver (called serve) the subpoena to the person or business you are subpoenaing. Serve a copy of the subpoena - not the original signed and stamped by the clerk. After the subpoena is served, fill out Page 3 of the original subpoena (form SC-107). Have the person who served the subpoena sign at the bottom of page 3. After you complete page 3 of the original subpoena and have it signed, return the subpoena to the clerk before your hearing. Witnesses can ask for $35 a day and 20 cents a mile each way. If your witness asks to be paid, bring the money when you serve the subpoena. If you don't pay before the hearing, the witness doesn't have to show up. Note: You don't have to pay anything if your witness doesn't ask for money. |