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How to Object to a Request for Some Evidence

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In California, one party can ask the other side in a case to take evidence that is in their possession to the hearing. This request can be done by letter, with the letter filed at court. 

  • In legal terms, such a letter is called a “Notice in Lieu of Subpoena.”  There is no form for this request.

If you have received a “Notice in Lieu of Subpoena,” you can formally object to taking the documents or items to court.


To object to a “Notice in Lieu of Subpoena”


Step 1.
Write a letter to the court. 

  • Title the letter “Objections to Notice in Lieu of Subpoena.” 
  • Write the reasons why you should not be required to bring the evidence to court.  Put your reasons into a list, and write as briefly and clearly as possible. 
  • Make 2 copies of the letter.  Make one copy for your files and one copy for the court.


Step 2. File Opens new
window a copy of the letter with the court. 

  • If the Notice was served to you in person, you have 5 days to file a written objection with the court. 
  • If the Notice was served to you by mail, you have 10 days to file a written objection with the court.


Step 3.  Personally Serve Opens new
window your letter to the other side.  This service may be done by you, or by another adult. 

  • Serve your letter the same day that you file it in court.


Step 4. Inform the court that a copy of the letter was provided to the other side.

  • Get a copy of the Proof of Service (Form POS-020). Opens new window
  • Fill out the form. Have the person who served the letter (either you or another adult) sign the form.
  • Make a copy of the Proof of Service (Form POS-020) for your file.  


Step 5.
File the Proof of Service (Form POS-020) with the court at least 5 days before your trial date.

 

NOTE:  The court may have a separate hearing before the trial to decide whether or not you have to bring the documents or items requested on the day of the trial. Or, the court may decide without scheduling a separate hearing. The court will let mail its decision to you.

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