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    richl's Avatar
    richl Posts: 19, Reputation: 1
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    #1

    Oct 23, 2007, 11:15 AM
    Subpoena in pro per?
    Can a civil defendant acting In Pro Per issue a subpoena to produce documents?

    Rich
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Oct 23, 2007, 11:36 AM
    Hello Rich:

    Sure. He can do anything the grown up lawyers can do.

    excon
    richl's Avatar
    richl Posts: 19, Reputation: 1
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    #3

    Oct 23, 2007, 11:57 AM
    Quote Originally Posted by richl
    Can a civil defendant acting In Pro Per issue a subpoena to produce documents?

    Rich
    excon,

    Thanks for the quick answer. I like it, but I need some sort of reference. Can you help?

    Rich
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Oct 23, 2007, 12:05 PM
    Hello again, Rich:

    I'm not sure what you mean. It's certainly the law of the land that a man can represent himself. Who's stopping you? Is the clerk not allowing you to file? The judge? Who?

    They're certainly not going to give you legal advice, but I doubt they'll stop you from filing your subpoenas.

    excon
    richl's Avatar
    richl Posts: 19, Reputation: 1
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    #5

    Oct 23, 2007, 12:29 PM
    Quote Originally Posted by richl
    Can a civil defendant acting In Pro Per issue a subpoena to produce documents?

    Rich
    excon,

    I created and served subpoenas for production of documents on October 1. My court date is October 24, so when a failed to receive the documents, I called the clerk to figure out what to do next. She said that only the court or an attorney can issue a subpoena. She said I should have generated one, brought it to the court to be processed and then served it when the court gave it back to me.

    I was hoping that a defendant In Pro Per had the power of his own attornay.

    I guess I'll have to appear and beg for an extension.

    Rich
    richl's Avatar
    richl Posts: 19, Reputation: 1
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    #6

    Oct 23, 2007, 12:31 PM
    Quote Originally Posted by richl
    Can a civil defendant acting In Pro Per issue a subpoena to produce documents?

    Rich
    excon,

    Oops on the spelling.

    Rich
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Oct 23, 2007, 12:38 PM
    Hello again, Rich:

    The clerk is wrong. I don't know the procedure, but if you're required to submit them to the court first, so is a lawyer.

    Sure, ask for a postponement and submit your subpoenas first.

    excon

    PS> Go buy yourself a copy of the rules for the court in which your case is being adjudicated. You can probably get a copy at your local college bookstore. Ask for the “Rules of Civil Procedure” for the particular court you're dealing with.

    It'll be a lot easier if you know the rules beforehand.
    richl's Avatar
    richl Posts: 19, Reputation: 1
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    #8

    Oct 25, 2007, 01:15 PM
    Quote Originally Posted by richl
    Can a civil defendant acting In Pro Per issue a subpoena to produce documents?

    Rich
    Ex,

    Here's an update.

    Two court clerks of different courts keep telling me that I can't issue a subpoena, but in my case, the other attorney did respond to my subpoena by handing me (some of) the documents when the bailiff opened the courtroom door. That seems a little late.

    I'm going to send duplicatge subpoenas issued by the court clerk , this time, to try to get ahold of the missing documents. Does that sound like the right thing to do?

    My case was rescheduled 60 days later. Is it too late to obtain documents? Does "discovery" continue to the beginning of my new trial date, or does that not apply?

    Richl
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Oct 25, 2007, 02:48 PM
    Quote Originally Posted by richl
    My case was rescheduled 60 days later. Is it too late to obtain documents? Does "discovery" continue to the beginning of my new trial date, or does that not apply?
    Hello again, rich:

    I don't know. I'll bet it says in the rules. Did you get the book? It costs about $20.

    excon
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