Legal Question in Civil Litigation in California

if we are 30 days before our trial, is there any way to still request a new document from the Defendant? (e.g. can I subpoena them for appearance at trial and include a document request as part of this subpoena)


Asked on 4/23/11, 12:48 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you still have 20 days (plus time for service) you can serve a notice to a party to attend and to produce documents under CCP � 1987(c) (you need not serve a "subpoena"). But in all probability this isn't going to magically rescue your case if you forgot to get the documents during discovery or if you are trying to be your own lawyer and you don't know what you're doing. The other side will stonewall, you'll have to file a motion on the eve of trial, and the ticked-off judge is going to want to know why she should save you from your lack of preparation.

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Answered on 4/23/11, 1:02 am
Anthony Roach Law Office of Anthony A. Roach

Mr. Stone is right. You serve a notice under Code of Civil Procedure section 1987, in lieu of a subpoena.

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Answered on 4/23/11, 2:10 pm


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