Legal Question in Criminal Law in California
i need to sobpoena a confidential conversation that was made to social services as an anonymous caller, im 100% shure that this anonymous caller is the same person that i have just recently placed a restraning order against, she had mad an aligationg against me and it was closed it resulted false, now an anonymous one came through and i know its her but i cant pruve that unless i subpoena that. how do i do that?
1 Answer from Attorneys
A subpoena is a court order to testify or produce evidence. A subpoena can only be issued in an open case.
I believe you posted earlier, saying the person is being charged with violating the restraining order. The District Attorney can subpoena this document in relation to the criminal case.
However, unless you are involved in an open case, such as a juvenile dependency (CPS) matter, you cannot issue a subpoena. If you have a lawyer, he or she would be the one with authority to issue subpoenas, not you.
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