Legal Question in Family Law in California
I live about 5 hours away from court where divorce was originally filed. My wife has mental problems (bipolar) and I tried to subpoena her doctor and medical papers for the restraining order hearing, but the clerk at family court called me today that the form I send so they would stamp it and send it back to me to serve (subp-002) is not right and that she can not give legal advice. Actually the clerk claimed that in family law they do not accept subpoena for personal appearance which made no sense to me. I argue I can subpoena records and then she advised me to "educate" myself with local rules since she can not give legal advice. That is complete nonsense right? I can use SUPB-002 in family law also right? Especially if I want medical records and her doctor to show up on the hearing.
Am I wrong or was she? If am wrong what form should I use? Also how many days before the court date do I have to serve the person with subpoena? I am afraid that do to the clerk incompetence I might be late. Thank you.
1 Answer from Attorneys
I expect she is referring to the L.A. County local rule that prohibits live testimony at a motion hearing unless prior court permission is granted. If you don't have permission to introduce live testimony, then they would naturally refuse to issue you a subpoena to make someone appear who will not be allowed to testify.