Legal Question in Real Estate Law in California

Re: I need to subpoena loan docs, do I have to use a lawyer?

If a substantial amount of money is involved, it would be foolish to try to do this on your own. Nevertheless, if you file your answer to the complaint, you then could have the court issue a subpoena on your behalf for the specified records. If they're in the hands of a party to the lawsuit, instead you could make a mailed written request for production of such documents without the formalities of a subpoena.

Re: I need to subpoena loan docs, do I have to use a lawyer?

First, you may be misleading yourself a little if you are thinking in terms of "filing" a subpoena. Subpoenas are served, not filed.

An attorney can issue a subpoena. I don't know, to be honest, whether the attorney issuing the subpoena must be the attorney of record for a party, or whether just any attorney could do it, even one not officially representing you. The more usual way for self-represented parties to obtain and use subpoenas is to have the court clerk issue one or more of them for you, in blank, and then you fill it out and have it served on the party being commanded and produce documents and/or to appear.

I would also point out, as does Mr. Cohen, that if the person from whom you are demanding the documents is a party to the lawsuit, e.g. a plaintiff or defendant, cross-complainant or cross-defendant, then the proper way to obtain documents is not by subpoena, but rather by "discovery" such as deposition or demand for production of documents.

The Code of Civil Procedure outlines the law covering subpoenas, depositions and document-production demands. See the chapters beginning with section 1985 for subpoenas, 2025 for oral depositions with or without production of documents, and 2031 for demands for inspection and production of documents and things.

Re: I need to subpoena loan docs, do I have to use a lawyer?

First, you may be misleading yourself a little if you are thinking in terms of "filing" a subpoena. Subpoenas are served, not filed.

An attorney can issue a subpoena. I don't know, to be honest, whether the attorney issuing the subpoena must be the attorney of record for a party, or whether just any attorney could do it, even one not officially representing you. The more usual way for self-represented parties to obtain and use subpoenas is to have the court clerk issue one or more of them for you, in blank, and then you fill it out and have it served on the party being commanded and produce documents and/or to appear.

I would also point out, as does Mr. Cohen, that if the person from whom you are demanding the documents is a party to the lawsuit, e.g. a plaintiff or defendant, cross-complainant or cross-defendant, then the proper way to obtain documents is not by subpoena, but rather by "discovery" such as deposition or demand for production of documents.

The Code of Civil Procedure outlines the law covering subpoenas, depositions and document-production demands. See the chapters beginning with section 1985 for subpoenas, 2025 for oral depositions with or without production of documents, and 2031 for demands for inspection and production of documents and things.