Legal Question in Criminal Law in California
what is a contested hearing? Why would someone be subpoenad to attent?
2 Answers from Attorneys
A contested hearing is somewhat like it sounds - a contest. One side has one version of events and the other side has a different version of events. To present both sides to the trier of fact (usually the Judge in these matters) people have to come in to court and testify. That testimony is the evidence that is used, among other potential evidence, to determine what happened. The subpoena is the official court order used to bring someone to court to testify.
A hearing is contested if one party has asked the court to make an order and another party has opposed that request. Sometimes third parties are subpoenaed to testify as Ms. Condes says. Other times they are subpoenaed primarily to bring records or other evidence to the courtroom.
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