This form is a subpoena in an adversary proceeding. The form must have the signature of the issuing officer and proof of service is required.
California Subpoena in an Adversary Proceeding - B 255
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US-B-255
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How to fill out Subpoena In An Adversary Proceeding - B 255?
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FAQ
Serve the Subpoena. Serve a copy of the Civil Subpoena on the person you want to come to court. It must be served within a ?reasonable time? in order for the other person to be able to travel to the hearing (or trial). Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail).
To secure subpoena domestication in California under UIDDA, you'd have to submit one to a California county clerk first. They'll then reissue it following the rules and procedures of their local jurisdiction. It can only be served after it's been signed by the clerk or given a new index number.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.
But while a summons marks the beginning of a court case, a subpoena comes after a case has begun and requires the person who receives it to provide evidence that is considered important to the outcome of the case. You can still receive a subpoena even if you aren't directly involved in the case.
To enforce the subpoena you would need to file a motion to compel the witness to appear at the deposition. Your local law library or Self-Help Center may be able to help you locate a template for this type of motion.
In the case of a subpoena duces tecum which requires appearance and the production of matters and things at the taking of a deposition, the subpoena shall not be valid unless a copy of the affidavit upon which the subpoena is based and the designation of the materials to be produced, as set forth in the subpoena, is ...