subpoena (California)

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subpoena (California)

Postby sunset Estates on Mon Oct 30, 2017 12:58 pm

In answering an Objection to DOR for Status Conference, can I also include a request for a subpoena from WCJ to get a person to appear and give sworn testimony?
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Re: subpoena (California) (California)

Postby LawAdvocate on Tue Oct 31, 2017 8:40 am

Nope. Answered your question in Legal, as well.

You cannot first off combine Petitions.

Second, if you want to subpoena a witness to appear you must be set for Trial, testimony is only taken at Trial.

The WCAB does not compel someone to appear unless they fail to respond to a valid subpoena.

Once the case is set for Trial, you must cause a subpoena to be issued with a check for mileage and the witness fee. You then must have someone serve the subpoena in person. The person then usually shows up. If you are in pro per from time to time, if the witness is an easily accessible person to the defense, you can request at the MSC when you are setting for Trial that defendant be ordered to produce the witness at the time of Trial, but the Judge might say no -issue a subpoena.
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