Legal Question in Civil Litigation in California
subpoena to the person who served by mail documents for me
I am in an adversary preceding in a chapter 7 BK in CA. The friend of mine that did the service of documents to the plaintiff was just served with a subpoena to product any and all documents, etc in their possession.
Is this a load of BS? is the person who mails something and signs the proof of service supposed to keep anything?
They are not party to the case or have any direct knowledge of anything related to the case
4 Answers from Attorneys
Re: subpoena to the person who served by mail documents for me
Suppose for a minute I am representing this process-server friend of yours and suppose it is really true that he has no info about the case. I would write them a letter telling them to withdraw the subpoena or else I would file a motion to quash with a request for sanctions. Then I would follow it up with a motion to quash and a request for sanctions.
Re: subpoena to the person who served by mail documents for me
You submitted your question in the general civil litigation category, but it really belongs under bankruptcy law. Mr. Stone might or might not have recognized this when he posted his response.
The rules of procedure in a bankruptcy adversary proceeding might be different from those that govern other litigation. I suggest re-posting your question under bankruptcy law to ensure that people with the relevant expertise see it.
Re: subpoena to the person who served by mail documents for me
This is heated litigation. He must obey the subpeona. You need an attorney or you will be swamped. Contact me directly.
Re: subpoena to the person who served by mail documents for me
This is not BS. The purpose of discovery is to, well, discover. How does the plaintiff's attorney know that your friend has nothing unless he asks? The way you ask for something in the course of litigation is a subpoeana.
Your friend should comply, even if his compliance is "I don't have anything."