Pro Per Case and Subpoenas

[JoePant]

Soc,

I am representing myself pro per in the rest of my custody, support, visitation case. I have the support hearing comming up on February 8. I am looking over my sons mother's Income and Exspense Declerations and I see that she is not telling the truth with the the number of hours she works and how much she makes an hour. I would like to subpoena her work documents such as time sheets and most rescent pay stubs.

1. Can you please tell me if I can in California issue subpoenas as a pro per?

2. Is there a process to do this?

3. What forms and or documents do I need to send out to do this and whom do I send it to?

Thank You!

[socrateaser]

>1. Can you please tell me if I can in California issue
>subpoenas as a pro per?

Yes, you can have the court clerk issue a subpoena in blank to you, that you can then fill in.
>
>2. Is there a process to do this?

See above.

>
>3. What forms and or documents do I need to send out to do
>this and whom do I send it to?

Call the court clerk and ask them how you can have some blank subpoenas issued.

Note: if you are attempting to obtain documents directly from your spouse, then you don't need a subpoena. As a party, they must produce anything you ask for as long as your request is reasonably calculated to lead to the discovery of admissible evidence.

Your ex should have attached her last two paystubs to the declaration, without you having to ask for them. You can send her notice that if she does not, produce them immediately, that you will file a motion to compel production of the documents. If she doesn't comply, then you can move for a continuance on the support hearing and simultaneously ask the court to order production.

Technically you could do this at the support mod hearing, but in CA, the court doesn't usually let anybody go until it's made a new support order, so you really want to try to get your evidence together in advance.