Legal Question in Family Law in California

I am in Kern County California and am serving Child Protective Services subpoenas (Duces Tecum) for records and testimony SUBP-002 of a specific worker. I am doing the same for a Kern County Sheriff Detective. Both these locations have a window you turn service into. I am also serving a school teacher a subpoena for Personal Appearance SUBP-001. I have a few questions:

Subpoenas Duces Tecum SUBP-002 and Notice to Consumer or employee and Objection SUBP-025 for CPS and Sheriff:

1. Do I need to include SUBP-025 Notice to Consumer or Employee and Objection with both the CPS and Sheriff's Witness Subpoenas?

2. How do I fill out the top part with respect to Name and Section 1. It seems strange to say effectively Martin, I Doug am serving Martin...If you object. I know I use this form to serve the other party in the action that I am serving the witness so if the other party objects they can say so...but what confuses me is the witness is an employee and don't they have a right to object as well...The consumer would be the other party if I am subpoenaing records about them from someone, right?

Subpoena for Personal Appearance SUBP-001 of teacher:

3. Since the teacher is not being subpoenaed for records but personal appearance I don't think I need to serve her SUBP-025, do I?

4. Is there anything I need to serve the teacher besides the SUBP-001?

Minors Counsel:

5. There is Minors Counsel involved. Do I send her copies of all the CPS and Detective Subpoenas or serve her them with or without the SUBP-025?

6. It was said I do not need to let anyone know about the teacher as a personal witness just have her show up, Is that correct?

Thanks!


Asked on 1/27/11, 9:08 am

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

You can't serve subpoenas if you are a party to the action. If you are involved in dependency proceeding, you should have had an attorney appointed for you. The attorney will explain and handle service of subpoenas, not you.

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Answered on 1/29/11, 11:25 am


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