What You Need to Know About Subpoenas in California Divorces
A subpoena is a legal document that requires someone to deliver a specific action. Subpoenas can be used in criminal, civil, and federal court proceedings. The information obtained in a subpoena may help an attorney prove or disprove a case. Here is what you need to know about subpoenas in California divorces.
Subpoenas in California demand that an individual produces certain documents or appears in court. Family attorneys can use subpoenas to obtain access to information that could help the divorce case.
What Can Be Subpoenaed in a California Divorce
A subpoena is a very effective way to obtain documents and/or ask for an individual to appear in court. Subpoenas are court orders and, therefore, have negative consequences when not respected.
Types of evidence that may be subpoenaed to support a divorce case include but are not limited to:
- Accounting records
- Bank records
- Phone records
- Medical records
- Tax information
- Computer files
- Audio or video recordings
- Email files
- DNA samples
- Titles of ownership
Related: Can Text Messages Be Used in California Divorce Court?
When an individual is served with a subpoena, they are typically required to deliver the requested documents/evidence to the attorney that requested the information. A subpoena can state the date, time, and location the sought-after information should be delivered.
FAQs About Subpoena in California Divorces
How does one get a subpoena in a California divorce?
In most cases, subpoenas are issued by the attorneys involved in the divorce case. However, involved parties may be able to obtain a subpoena from the court clerk by filling out the proper subpoena forms. These forms are reviewed by a judge before being returned to the individual who requested them. The subpoena must then be served according to the requirements of the court, meaning that a high-level government official must issue a subpoena and it must be signed by a judge.
What does one do when they are served with a subpoena?
It is important that immediate action is taken when served a subpoena. Ignoring a subpoena may translate as a failure to comply with the court, resulting in contempt of court fees. The receiving individual should carefully read the subpoena and comply with what is requested of them, either providing information or appearing in court. If the court has requested documents, the individual should determine whether the requested documents/information are still in their possession. The subpoena will provide information on when and where to appear in court or drop off the documents/information.
What are the penalties when an individual fails to comply with a subpoena?
There are three possible outcomes when individuals are served with a subpoena:
- Complying with the subpoena as requested
- Convincing the court that complying with the subpoena is not necessary, and
- Refusing to comply with the subpoena
If an individual refuses to comply with the subpoena, they may be subject to criminal or civil contempt. This is because a subpoena is an order of the court and must be taken very seriously. Penalties can also include jail time and large fines.
Related: Divorce FAQs in California
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