Obtaining a subpoena

[joni]

Does there need to be an outstanding motion in order to issue a subpoena to obtain evidence?

Background - Challenging custody, one the factors, lack of religious training by CP.  Can we subpoena the church to prove child in not enrolled in catechism class in order to attach the response from the Church in our initial motion?

[socrateaser]

>
>Does there need to be an outstanding motion in order to issue
>a subpoena to obtain evidence?

In order to issue subpeona, a court must have obtained jurisdiction over the parties and subject matter. This means there must be a properly filed and served petition or complaint.

If there is a petition/complaint filed and served, and no final judgment, then you have authority to subpoena witnesses and evidence "reasonably calculated to lead to the discovery of admissible evidence."

Prior to filing the petition/complaint, you need to obtain special permission from the court to subpeona by showing good cause that the preservation of evidence is required, because a witness or evidence may become unavailable before the petition/complain is filed.

After final judgment, which is the traditional end of the court's jurisdiction, you must file and serve a motion or order to show cause (or new petition/complaint) in order regain personal and subject matter jurisdiction, prior to subpoenaing.

>
>Background - Challenging custody, one the factors, lack of
>religious training by CP.  Can we subpoena the church to prove
>child in not enrolled in catechism class in order to attach
>the response from the Church in our initial motion?

Yes. You can subpoena testimony from a church official, or ask the custodian of records of the church to produce the child's enrollment and attendance records.