Subpoena of Documents and Records

[JoePant]

Soc,

I have my support hearing comming up on Feruary 8. I am now in Pro Per. My son's mother goes to community college and gets financial aid and federal grants to attend school. She got over $10,000.00 last year of which no more then $1,000.00 went to school and expeses the rest was used for other things like income. I would like to Subpoena the school for the records of financial aid history of payments as well as a copy of her trascripts showing her grades, I know that she was just going for 2 weeks then dropping out when she got her check. She was abussing and still is abussing the system to get money without the intention of showing up and completing classes. We are in california.

1. Can you please direct me to the proper form I need to fill out to request these documents from the school?

2. Can you tell me the process in which needs to be followed to execute this properly?

3. Whom do I need to send copies to and so forth?

4. I would like them to just send the documents to me in a timly manor since the hearing is comming up soon can I put a specific amount of time for them to comply with the Subpoena?

5. Can the other attourney of my sons mother try to stop this? If so how can she and how do I protect myself?

6. Anything I may have missed please inform me to execute this properly.

Thank You!

[socrateaser]

>1. Can you please direct me to the proper form I need to fill
>out to request these documents from the school?

 [a href=http://www.occourts.org/locforms/l835.pdf]Civil subpoena (pre issued)[/a]

[a href=http://www.courtinfo.ca.gov/forms/fillable/982a155.pdf]Consumer notice[/a]

>2. Can you tell me the process in which needs to be followed
>to execute this properly?

The exact process is specified, albeit rather poorly, in:

[a href=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1985-1997]CCCP 1985-1997[/a]

Basically, you must send the consumer/party notice of your intent to obtain consumer records from a third party witness, not less than 5 days prior to your serving the subpoena on the custodian of records for the witness from whom you seek production of the consumer's records.

The subpoena must be served on the custodian of records not later than 10 days prior to the date for production of the records (i.e., the trial or deposition date).

See the statutes for more info.

>
>3. Whom do I need to send copies to and so forth?

The other party and the witness.

>
>4. I would like them to just send the documents to me in a
>timly manor since the hearing is comming up soon can I put a
>specific amount of time for them to comply with the Subpoena?

Already answered above. However, they cannot send the documents to you personally. If your purpose is simply to make copies, then the documents must be provided to a deposition officer (cerified court reporter) who can certify all the copies as true.

>
>5. Can the other attourney of my sons mother try to stop this?
>If so how can she and how do I protect myself?

Your opponent can file a motion to quash or limit discovery. You may have to provide the court with good cause as to why the evidence you seek is relevant and available only from the witness that you have subpoenaed.

>6. Anything I may have missed please inform me to execute this
>properly.

I suggest that you hire an attorney, but if you choose to do this yourself, then you should consider a trip to the local county law library so that you can find the proper process in a legal practice manual. You could also try to purchase something online, or purchase a westlaw or lexus subscription, and those databases will have the various procedures available within their systems.