qbert

California: Served but never filed subpoena with court

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Uh-oh, preparing my MIL and trial brief and just realized the subpoena was supposed to be filed with the clerk!

 

Process server attempted service (failed of course) and i thought i was ready to go but just came across this.

 

What to do? trial is next monday. Theoretically could file it in the morning and have them attempt service on tues weds thurs then file MIL on friday. Trial brief needs to be filed and served 5 calendar days (weds) so im unsure how to incorporate the MIL in that

 

any advice? burning the midnight oil tonight. Will be consulting with clerk in the morning, but wanted to gather feedback from here, as the MIL is critical to the case

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Not sure what you mean.  THe subpoena must be ISSUED by the clerk.  In other words, you fill it all out, take it down to the court and the clerk stamps it. 

 

But I am not aware of any requirement that you file it either before or after service.  You will want to attach a copy with the proof of non-service to a declaration supporting your MIL..

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Not sure what you mean.  THe subpoena must be ISSUED by the clerk.  In other words, you fill it all out, take it down to the court and the clerk stamps it. 

 

But I am not aware of any requirement that you file it either before or after service.  You will want to attach a copy with the proof of non-service to a declaration supporting your MIL..

Thats the problem. can they get the service and supbpoena tossed as it was never 'issued'?

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