Legal Question in Business Law in California

I recently filed a small claims case. I also got a small claims subpoena issued by the small claims clerk for the defendant to produce documents. I hired a process server who served both the small claims complaint and the small claims subpoena on the defendant by substitute service. The process server served the defendant's roommate by substitute service because the defendant was not available after a number of attempts. My question is, can the small claims subpoena be served on the defendant by substitute service? Or must it be served on the defendant by personal service?


Asked on 5/16/14, 6:35 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

A subpoena is not used to request documents from a party. A subpoena must always be served. Documents from a party are obtained by using discovery procedures, which are not allowed in small claims court. I suggest you speak to the small claims court advisor at a courthouse near you and get some good advice.

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Answered on 5/19/14, 1:45 pm


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