Definition and meaning
The California Civil Subpoena for Personal Appearance at Trial or Hearing is a legal document that orders an individual to appear as a witness in a court proceeding. This subpoena is issued by either a party involved in the case or an attorney representing a party and serves to compel the witness to testify about relevant facts pertinent to the case.
How to complete a form
Completing the California Civil Subpoena for Personal Appearance requires attention to detail. Follow these steps:
- Fill in the name of the court where the case is being heard.
- Provide your name and contact information, including your telephone number and address.
- Enter the name of the plaintiff and defendant along with the case number.
- Clearly state the date, time, and place for the witness to appear.
- Include your contact details for any questions the witness may have regarding the subpoena.
Be sure to sign and date the form to validate it.
Who should use this form
This subpoena is typically used by attorneys representing parties in civil litigation. It is intended for individuals who need to summon a witness who possesses information relevant to a case. This can include witnesses who have firsthand knowledge of the facts, experts, or other parties related to the event in question.
Legal use and context
The California Civil Subpoena for Personal Appearance at Trial or Hearing is governed by the Code of Civil Procedure §§ 1985 and 1986. It allows a party to obtain testimony from witnesses in civil trials or hearings, making it a crucial tool in the litigation process. Failure to comply with this subpoena could result in contempt of court and potential legal penalties.
Key components of the form
The form includes several essential components:
- Name of the court: Identifies where the case is being heard.
- Contact information: Details of the attorney or party issuing the subpoena.
- Witness information: Name and address of the person being subpoenaed.
- Date and time: When the witness is required to appear.
- Consequences of non-compliance: Information regarding penalties if the witness fails to appear.
Common mistakes to avoid when using this form
When completing the subpoena, be cautious of the following mistakes:
- Leaving out essential details such as the witness's name, address, or date of appearance.
- Not providing sufficient time for the witness to be notified before the court date.
- Failing to sign the document, which invalidates the subpoena.
- Not clearly stating the contact information for questions regarding the subpoena.
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