haithemks Posted June 28, 2017 Report Share Posted June 28, 2017 (edited) Seeking Help in Requesting Subpena Hello, I'm pro se in civil case defending against a collection agency in the state of Kansas. The Plaintiff , The collection agency submitted 2 affidavit through the process. One was the custodian of records and one was Plaintiff's sworn signature. I would like to serve a subpoena to have a cross exam question at trial. After doing a lot of research, this process is what i gather: -1-Fill out This from for each affiant. http://courts.jocogov.org/forms/SUBPOENA.PDF Then, either the clerk or the judge will issue it. -2-Then contact either local process server like serve-now or the sheriff to pay for the serving process. The problem I'm facing now is that the case is in Kansas where i live. However, the affiant are in Georgia . What to do to serve a subpena for affiants outside the state. Can you please please help me or guide me on the process? Update : I have found that both Kansas and Georgia are part of the Uniform Interstate Depositions and Discovery act http://www.turnerpadget.com/media/images/2014_Overview_of_UIDDA.pdf In Kansas, there a status too. http://rvpolicy.kdor.ks.gov/Pilots/Ntrntpil/IPILv1x0.NSF/ae2ee39f7748055f8625655b004e9335/18311972847215108625798a0069e6f2?OpenDocument Does it mean that i need to request a foreign subpoena in Kansas to be Served in Georgia. Please help if you can Thank you very much Edited June 28, 2017 by haithemks Updates Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 28, 2017 Report Share Posted June 28, 2017 @haithemks Is this the Synchrony lawsuit from your other thread? Who does the custodian of records work for? Quote Link to comment Share on other sites More sharing options...
haithemks Posted June 28, 2017 Author Report Share Posted June 28, 2017 Different. The custodian works for a different bank. Quote Link to comment Share on other sites More sharing options...
haithemks Posted June 28, 2017 Author Report Share Posted June 28, 2017 Here is another update: https://www.paulhastings.com/docs/default-source/PDFs/deposing-nonparties-in-states-other-than-where-your-case-is-pending.pdf Is the foreign subpoena different from the local subpoena? Thank you Quote Link to comment Share on other sites More sharing options...
haithemks Posted June 28, 2017 Author Report Share Posted June 28, 2017 To the best of my understanding, the process involves -1-Fill a Kansas Subpoena for the purpose of obtaining UIDDA subpoena -2-The Kansas Clerk or Judge will sign it -3- Send the Kansas Subpoena sealed along with a filled Georgia subpena to the clerk of superior court of Georgia ( § 24-13-112) -4- Georgia Clerk will issue and send the subpoena back to me. -5-I will look online to serve the Affiant subpena in Georgia. Reference:http://www.turnerpadget.com/media/images/2014_Overview_of_UIDDA.pdf Please is any lawyer around or anyone has similar process. Thank you Quote Link to comment Share on other sites More sharing options...
haithemks Posted June 29, 2017 Author Report Share Posted June 29, 2017 Updates: For anyone that will face this challenge in the future, i found an incredible resource and i will be using their service to serve the foreign subpenas. https://directlegal.com/foreign-deposition-subpoena-services/ Thanks Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 29, 2017 Report Share Posted June 29, 2017 @haithemks Part of the reason members are not responding to your posts is because we don't know details. You want to depose someone. WHO do you want to question? Is the plaintiff a JDB or an original creditor? Quote Link to comment Share on other sites More sharing options...
haithemks Posted June 29, 2017 Author Report Share Posted June 29, 2017 Hello, I want to cross exam the custodian of records as he subject to Business Evidence Rule. The problem i was facing these couple of days was around the limitations of 150 miles of Subpoenas. But, i found out about the UIDDA act and i found the process server that will handle it. Since it is hard to find the right information, i wanted to share my procedure so other will benefit from it. Thank you all. Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 29, 2017 Report Share Posted June 29, 2017 1 minute ago, haithemks said: Hello, I want to cross exam the custodian of records as he subject to Business Evidence Rule. The problem i was facing these couple of days was around the limitations of 150 miles of Subpoenas. But, i found out about the UIDDA act and i found the process server that will handle it. Since it is hard to find the right information, i wanted to share my procedure so other will benefit from it. Thank you all. Is the custodian of records employed by the OC or a JDB? Quote Link to comment Share on other sites More sharing options...
haithemks Posted June 29, 2017 Author Report Share Posted June 29, 2017 Hello, Either , If any person gave an affidavit or statement, by law, i have the right to cross examine them. So, any name is any claim is subject to be called on as witness. Thanks Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 29, 2017 Report Share Posted June 29, 2017 3 minutes ago, haithemks said: Hello, Either , If any person gave an affidavit or statement, by law, i have the right to cross examine them. So, any name is any claim is subject to be called on as witness. Thanks You have the right to cross examine either the employee of the OC or an employee of a JDB. HOWEVER, depending upon the affiant's employer, the questions posed to the affiant would not necessarily be the same. Why don't you want to reveal if the plaintiff is a JDB or OC? You wouldn't be revealing the name of the party. Quote Link to comment Share on other sites More sharing options...
haithemks Posted June 29, 2017 Author Report Share Posted June 29, 2017 Sure, I have the right to cross examine witness. Thanks Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 29, 2017 Report Share Posted June 29, 2017 7 minutes ago, haithemks said: Sure, I have the right to cross examine witness. Thanks Why don't you want to divulge whether or not the plaintiff is an OC or JDB? It would not reveal your identity in any way. Quote Link to comment Share on other sites More sharing options...
haithemks Posted June 29, 2017 Author Report Share Posted June 29, 2017 Thank you . Promise to post it when it done. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted June 29, 2017 Report Share Posted June 29, 2017 1 hour ago, haithemks said: Sure, I have the right to cross examine witness. Thanks I don't know what you think you're going to accomplish with an "affidavit". Your right to cross-examine a witness is either at trial or via deposition. Quote Link to comment Share on other sites More sharing options...
haithemks Posted June 30, 2017 Author Report Share Posted June 30, 2017 For all the fellows that will have similar situations, read the affidavit real carefully. This mother gave me an affidavit from a deceased person. Wow. How low do they get. Read the affidavit real carefully. Thanks Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 30, 2017 Report Share Posted June 30, 2017 36 minutes ago, haithemks said: For all the fellows that will have similar situations, read the affidavit real carefully. This mother gave me an affidavit from a deceased person. Wow. How low do they get. Read the affidavit real carefully. Thanks How do you know the person is deceased" Quote Link to comment Share on other sites More sharing options...
haithemks Posted June 30, 2017 Author Report Share Posted June 30, 2017 Just google it how to find deceased people records. There is million way. https://www.publicrecordsreviews.com/ https://www.dobsearch.com/death-records/ ..... The records States too. Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 30, 2017 Report Share Posted June 30, 2017 1 minute ago, haithemks said: Just google it how to find deceased people records. There is million way. https://www.publicrecordsreviews.com/ https://www.dobsearch.com/death-records/ ..... The records States too. You do know that more than one person can have the same name, right? Quote Link to comment Share on other sites More sharing options...
haithemks Posted June 30, 2017 Author Report Share Posted June 30, 2017 Yes, but same county, same industry , same bank ..The odd of lots are less than that. If i know anything about this case is that affiant is not around, unless we are in a eposide of walking dead or something. Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 30, 2017 Report Share Posted June 30, 2017 1 minute ago, haithemks said: Yes, but same county, same industry , same bank ..The odd of lots are less than that. If i know anything about this case is that affiant is not around, unless we are in a eposide of walking dead or something. Since when do death records tell you where a person was employed? Quote Link to comment Share on other sites More sharing options...
haithemks Posted July 1, 2017 Author Report Share Posted July 1, 2017 You can' be alive and work for a bank. Really. I mean come on . Quote Link to comment Share on other sites More sharing options...
BV80 Posted July 1, 2017 Report Share Posted July 1, 2017 38 minutes ago, haithemks said: You can' be alive and work for a bank. Really. I mean come on . I certainly do understand that fact. You said that the deceased person was in the same industry and same bank. Again, since when do death records reveal details of the deceased's former employment? Quote Link to comment Share on other sites More sharing options...
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