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subpoena bank statements


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#1 bbrc

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Posted 09 October 2008 - 07:52 AM

How many days does the Consumer Notice has been served if it is served in person before the subpoena can be given to the bank?
Since the subpoena needs to be attached to the Consumer Notice, and it has a place to put the date the bank statements have to be given by, how many days from the date the consumer notice is served should that be set at?
Also, are those calendar days or business days?
The form that I found was on the California Court Self-Help website for SUBP-002 (Civil Subpena Duces Tecum for personal appearance and production of documents or things at trial or hearing and declaration).
Is that the right form to use to get the bank statements from a bank to be sent to me ahead of a hearing?


#2 jpvose

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Posted 09 October 2008 - 08:22 AM

Wait ten (10) calendar days after the Consumer Notice has been served on opposing party/counsel to serve the subpoena on the bank, making sure that once the bank is served, they are allowed 15-20 days before the documents are to be produced.

Additionally, the proper form to use is: SUBP-010

#3 bbrc

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Posted 09 October 2008 - 11:55 AM

Thanks. Would I put the date on the subpoena for 10+15 days (25 total) from the day the consumer notice is served?

Also, I read somewhere that if it is served in person, that I only have to wait 5 days--is that true?


QUOTE(jpvose @ Oct 9 2008, 09:35 AM)
Wait ten (10) calendar days after the Consumer Notice has been served on opposing party/counsel to serve the subpoena on the bank, making sure that once the bank is served, they are allowed 15-20 days before the documents are to be produced.

Additionally, the proper form to use is:  SUBP-010

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#4 Shannon Kreitner

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Posted 09 October 2008 - 12:27 PM

You are correct. The notice to consumer period is 5 days if personally served and 10 days if served by mail. It generally is prudent to add a couple extra days if you have them before the subpoena is due. For example, we will often make the subpoena due 10 days (for ntc period) plus 20 days for service. This protects us in the event that the service is somehow delayed a day or two. If you cannot do that, check to make sure that you will be able to serve on the day that the ntc period ends. For example, if the 10 days expires on a Sunday, you will not be able to serve them that day, since the bank is closed. If you don't allow for an extra day, the subpoena will not be served timely.

#5 bbrc

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Posted 09 October 2008 - 02:40 PM

Thank you. Is that form the correct one?
I am asking for the bank statements to be given to me in advance of the hearing.
The form asks for the documents to be sent to a deposition officer.
Would that be the attorney if you have one? If not, who would be put there?
I understand an attorney can just sign the subpoena as they are an officer of the court. If I do this myself, do I get the court clerk to stamp the subpoena to make it official?


QUOTE(Shannon Kreitner @ Oct 9 2008, 01:40 PM)
You are correct.  The notice to consumer period is 5 days if personally served and 10 days if served by mail.  It generally is prudent to add a couple extra days if you have them before the subpoena is due.  For example, we will often make the subpoena due 10 days (for ntc period) plus 20 days for service.  This protects us in the event that the service is somehow delayed a day or two.  If you cannot do that, check to make sure that you will be able to serve on the day that the ntc period ends.  For example, if the 10 days expires on a Sunday, you will not be able to serve them that day, since the bank is closed.  If you don't allow for an extra day, the subpoena will not be served timely.

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#6 Shannon Kreitner

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Posted 10 October 2008 - 08:15 AM

It appears that SUBP-010 (Deposition Subpoena for Production of Business Records) would be what you're looking for. The distinction is that the SUBP-002 requires personal attendance of the witness...all you want are documents.

For the definition of a deposition officer, see CCP 2020.420. The deposition officer shall not be financially interested in the action, or a relative or employee of any attorney of the parties.

If you are pro per, you can get blank subpoena forms, already signed and sealed by the clerk, from the court. You should contact the clerk at the courthouse where your case is situated to find out the procedure for obtaining those forms.




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