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Seeking Help in The process of Subpoena


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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 by haithemks
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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

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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.

 

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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?

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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.

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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"

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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?

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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?

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