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CA SUBP-001 2007-2025 free printable template

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SUBP-001 ATTORNEY OR PARTY WITHOUT ATTORNEY Name State Bar number and address TELEPHONE NO. FOR COURT USE ONLY To keep other people from seeing what you entered on your form please press the Clear This Form button at the end of the form when finished. FAX NO. Civil Code 54. 8. Proof of service on reverse Form Adopted for Mandatory Use Judicial Council of California SUBP-001 Rev. January 1 2007 APPEARANCE AT TRIAL OR HEARING Page 1 of 2 Code of Civil Procedure 1985 1986 1987 PROOF OF SERVICE OF...CIVIL SUBPOENA FOR PERSONAL APPEARANCE AT TRIAL OR HEARING 1. You may request them before your scheduled appearance from the person named in item 2. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. ATTORNEY FOR Name NAME OF COURT STREET ADDRESS MAILING ADDRESS CITY AND ZIP CODE BRANCH NAME PLAINTIFF/ PETITIONER DEFENDANT/ RESPONDENT CASE NUMBER CIVIL SUBPOENA For Personal Appearance at Trial or Hearing THE PEOPLE OF THE STATE OF CALIFORNIA TO name address and telephone...number of witness if known 1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date time and place shown in the box below UNLESS you make an agreement with the person named in item 2 a* Date Time Dept. Div* Room b. Address 2. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE FOR YOU TO APPEAR OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR a* Name of subpoenaing party or attorney b. Telephone number 3....Witness Fees You are entitled to witness fees and mileage actually traveled both ways as provided by law if you request them at the time of service. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued. TYPE OR PRINT NAME SIGNATURE OF PERSON ISSUING SUBPOENA TITLE Requests for Accommodations Assistive listening systems computer-assisted real-time captioning or sign language interpreter services are available if you ask at...least 5 days before the date on which you are to appear. Contact the clerk s office or go to www*courtinfo*ca*gov/forms for Request for Accommodations by Persons With Disabilities and Order form MC-410. I served this Civil Subpoena for Personal Appearance at Trial or Hearing by personally delivering a copy to the person served as follows a* Person served name b. Address where served c* Date of delivery d. Time of delivery e. Witness fees check one were offered or demanded and paid* Amount. were...not demanded or paid* f* Fee for service. 2. I received this subpoena for service on date 3. Person serving a* Not a registered California process server. b. California sheriff or marshal* c* d. e. Registered California process server. Employee or independent contractor of a registered California process server. Exempt from registration under Business and Professions Code section 22350 b. f* Registered professional photocopier. g. h. Name address telephone number and if applicable county of...registration and number I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
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Understanding the California Subpoena Form SUBP-001 (2)

What is the California Subpoena Form SUBP-001?

The California Subpoena Form SUBP-001 is a legal document utilized to request the appearance of a witness in court. It compels the individual named in the subpoena to testify at a hearing or trial. This form is important for ensuring that witnesses can provide relevant testimony related to a case, hence it is commonly used in civil proceedings throughout California.

Key Features of the SUBP-001 Form

The SUBP-001 form includes essential sections, such as details of the court, the issuing party, and the specifics of the witness being summoned. Key features include:

  1. Identifies the court where the case is filed.
  2. Name and address of the witness being subpoenaed.
  3. Specifies when and where the witness must appear.
  4. Outlines potential penalties for failing to comply with the subpoena.

When to Use the SUBP-001 Form

Utilize the SUBP-001 form when a party or attorney requires the testimony of a witness during a trial or hearing. This form must be served to the witness ahead of time, allowing them to prepare. It's particularly useful in civil litigation cases where witness testimony is critical for supporting claims or defenses.

Eligibility Criteria for Using the Form

Any attorney or party involved in a civil case can issue a SUBP-001 form to compel a witness's attendance. The individual issuing the subpoena must be legally recognized to appear in court, which typically includes licensed attorneys or parties to the case.

How to Complete the SUBP-001 Form

Filling out the SUBP-001 form requires attention to specific details. The form must include the following information:

  1. Enter the name and address of the court.
  2. Fill in the case number and title.
  3. Provide the full name and contact address for the witness.
  4. Specify when the witness is required to appear.

Common Errors When Filling the Form

There are frequent mistakes to avoid when completing the SUBP-001 form. These include:

  1. Missing witness details or court information can invalidate the subpoena.
  2. Ensure that the date and time for appearance are accurate.
  3. The subpoena must be served according to legal regulations to ensure validity.

Frequently Asked Questions about forms california subpoena to appear sample

What happens if a witness does not comply with a subpoena?

Failure to comply with a subpoena can lead to legal penalties, including being held in contempt of court. The issuing party may seek enforcement through the court.

Can I modify the SUBP-001 form?

While the format of the SUBP-001 form should be maintained, you may fill in the required fields with accurate and relevant information as needed for your case.

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People Also Ask about subp 001

Once an attorney requests a subpoena, it must be personally served on the subpoenaed party by someone who is over the age of 18 and not a party to the action. Proper service of process cannot be effectuated by mailing the subpoena under California State law.
Subpoenas Take a blank Subpoena to the clerk to have it issued. Take a blank Civil Subpoena (Form SUBP-001 ) to the clerk. Fill out the Subpoena. Make copies of your issued Subpoena. Serve the Subpoena. Fill out Page 3 of the original Civil Subpoena. Return the Subpoena to the clerk before your hearing (or trial).
(a) Witnesses subpoenaed for any deposition or hearing are entitled to the following fees and mileage, payable in advance: (1) Witness fee for each day's actual attendance of thirty-five dollars ($35); (2) Mileage actually traveled, both ways, of twenty cents ($.
Civil Subpoena for Personal Appearance at Trial or Hearing (SUBP-001) Orders a person who is not a party to a case to appear and testify at a trial or court hearing.
Follow Federal Rules of Civil Procedure Rule 45(b). Pursuant to Rule 45(d)(2)(B), the party has 14 days to respond after service of the subpoena, or the party must respond before the time specified for compliance in the subpoena if it is less than 14 days.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
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