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Objection to civil subpoena


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My wife served a subpoena for the woman who wrote the Affidavit in leiu of in person testimony. As everyone guessed, the person was not at all at the address given. Instead I was told that this place "Accepted services on her behalf". So I gave them the papers and left. What I gave them was the first 2 of 3 pages of the paperwork. The third page was the "Proof of Service". After giving them the first 2 pages, I filled out the proof of service and we filed it at the courthouse the same day.

Today my wife received an objection to the subpoena from the attorney who filed the lawsuit against her. They state that they didnt recived a copy of the proof of service, and they werent offered witness fees.

How should we proceed?

1) Were we suppose to give them a copy of the proof of service? That really doesnt make sense to me. I couldnt have possibly handed them a signed proof of service until I had actually served it. If so, can we just fax them the proof of service and call it a day. After all, it now has the conformed copy stamp from the courthouse.

2) For the witness fees, the form very clearly stated that they had to be requested at the time of service, or there is a number they can call to request them. They did not ask for them then, nor any other time.

3) Do we need to reserve them the form. My wife has till Tuesday before she runs out of time. So if it needs to be re-served, she'll need to do it before then.

4) Do we need to do anything at all? As far as I can tell, this is a weak way of trying to get the lady out of having to show up, to which I know she'll never show up anyways. If we did everything right, then I can appear at court and state the facts, since I was the one who served the paper.

I also want to point out that we requested copies of everything they planned to use as evidence, and a list of witnesses they plan to bring forward. So far they havent objected to that, nor sent us anything. Just like us, they only have a couple more days to do so.

My thoughts are that we did serve them properly, so we can get the "testimony" tossed, and without the list of evidence or witnesses, we can force them to not present any evidence. Does this sound accurate?

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My wife served a subpoena for the woman who wrote the Affidavit in leiu of in person testimony. As everyone guessed, the person was not at all at the address given. Instead I was told that this place "Accepted services on her behalf". So I gave them the papers and left. What I gave them was the first 2 of 3 pages of the paperwork. The third page was the "Proof of Service". After giving them the first 2 pages, I filled out the proof of service and we filed it at the courthouse the same day.

Today my wife received an objection to the subpoena from the attorney who filed the lawsuit against her. They state that they didnt recived a copy of the proof of service, and they werent offered witness fees.

How should we proceed?

1) Were we suppose to give them a copy of the proof of service? That really doesnt make sense to me. I couldnt have possibly handed them a signed proof of service until I had actually served it. If so, can we just fax them the proof of service and call it a day. After all, it now has the conformed copy stamp from the courthouse.

2) For the witness fees, the form very clearly stated that they had to be requested at the time of service, or there is a number they can call to request them. They did not ask for them then, nor any other time.

3) Do we need to reserve them the form. My wife has till Tuesday before she runs out of time. So if it needs to be re-served, she'll need to do it before then.

4) Do we need to do anything at all? As far as I can tell, this is a weak way of trying to get the lady out of having to show up, to which I know she'll never show up anyways. If we did everything right, then I can appear at court and state the facts, since I was the one who served the paper.

I also want to point out that we requested copies of everything they planned to use as evidence, and a list of witnesses they plan to bring forward. So far they havent objected to that, nor sent us anything. Just like us, they only have a couple more days to do so.

My thoughts are that we did serve them properly, so we can get the "testimony" tossed, and without the list of evidence or witnesses, we can force them to not present any evidence. Does this sound accurate?

What I could have sworn I heard her say "want fees c***s***ers":)

Elkins v. Superior court is controlling now you have registered a dispute the did not request fees at the time, If the address was not the plaintiff's then they did not comply with ccp 98. send them a copy of the proof of service. and send a letter objecting to their objection and notice a court reporter and make sure to preserve the record and cause the judge to shed his bias.

Edited by Seadragon
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