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  1. #1
    Join Date
    Apr 2006
    Posts
    145

    Default Finding a Blank Subpoena Form

    hello,

    Can anyone provide me with a blank subpena form. For my speeding traffic violation I like to subpena from the police their operating manual, specification for their radar unit along with other things.

    The form in word format would be best but a printable one would work too.

    thanks

    again

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,653

    Default Re: Help! can anyone get me a blank Subpena form

    For what state?

  3. #3
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Help! can anyone get me a blank Subpena form

    Quote Quoting aaron
    For what state?

    My response:

    I did some research on this writer, and he's in California. Did you want to take this one, Aaron, or shall I?

    IAAL

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,653

    Default Re: Help! can anyone get me a blank Subpena form

    How about these.

  5. #5
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Finding a Blank Subpoena Form

    Have you sought any of these items through the discovery process? It would be best to find out about these matters to prepare your case for trial rather than walking into the trial without at least seeking this information on the front end.

  6. #6
    Join Date
    Apr 2006
    Posts
    145

    Default Re: Help! can anyone get me a blank Subpena form

    Quote Quoting aaron
    How about these.

    Would the "Civil Subpoena for Personal Appearance at Trial or Hearing" be the wright form to use because this is a traffic case?

  7. #7
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Help! can anyone get me a blank Subpena form

    Quote Quoting blau
    Would the "Civil Subpoena for Personal Appearance at Trial or Hearing" be the wright form to use because this is a traffic case?
    My response:

    No, but it would be the "right" form to use. Make sure you give the Subpoenaed party at least 20 days prior to the trial to bring all demanded documents.

    IAAL

  8. #8
    Join Date
    Apr 2006
    Posts
    145

    Default Re: Finding a Blank Subpoena Form

    Quote Quoting Litigator
    Have you sought any of these items through the discovery process? It would be best to find out about these matters to prepare your case for trial rather than walking into the trial without at least seeking this information on the front end.

    I requested discovery already. All I got was the calibration cert (what they callibration) and the back of the ticket.

    But I want them to bring the calibration forks, radar, manual, spec. If CHP could produce these things in trial will not hurt my case? But not have them there will help my case!

    I am also plan I am also planning to subpoena the calibration procedure, the lab books, training records, ect from the calibration test center.

    There is another though. Can I submit another discovery request asking for these items? Instead of a sebupena. But a discovery request will have less effect, right?

  9. #9
    Join Date
    Jul 2006
    Posts
    985

    Default Re: Finding a Blank Subpoena Form

    IAAL, here are several of his threads, in essence he was caught on CHP radar going 72 mph on a 2 lane highway in a 55 mph zone with hills and curves. Carl has already gone over this with him and without the traffic survey, any defense re callibration of the radar would still be meaningless when trying to calculate if the 17mph difference between the speed limit and what was clocked.
    http://www.expertlaw.com/forums/showthread.php?t=11907
    OP has history of multiple threads re this matter on this (6) http://www.expertlaw.com/forums/sear...searchid=13005
    and other site. The judge already considered the evidence of the calibration so he wants a different judge.
    OP might take the time to read this case, although it is not re, radar, it does address the issue of calibration when 70 mph is exceeded. People v. Lowe (2002) 105 Cal.A
    http://www.joshdale.com/DUICases/Peo...0Supp.%201.pdf

  10. #10
    Join Date
    Apr 2006
    Posts
    145

    Default Re: Finding a Blank Subpoena Form

    Quote Quoting rmet4nzkx
    IAAL, here are several of his threads, in essence he was caught on CHP radar going 72 mph on a 2 lane highway in a 55 mph zone with hills and curves. Carl has already gone over this with him and without the traffic survey, any defense re callibration of the radar would still be meaningless when trying to calculate if the 17mph difference between the speed limit and what was clocked.
    http://www.expertlaw.com/forums/showthread.php?t=11907
    OP has history of multiple threads re this matter on this (6) http://www.expertlaw.com/forums/sear...searchid=13005
    and other site. The judge already considered the evidence of the calibration so he wants a different judge.
    OP might take the time to read this case, although it is not re, radar, it does address the issue of calibration when 70 mph is exceeded. People v. Lowe (2002) 105 Cal.A
    http://www.joshdale.com/DUICases/Peo...0Supp.%201.pdf



    rmet4nzkx],

    I don't get your comment of without the "traffic survey, any defense re callibration of the radar would still be meaningless".

    My understanding is if you are charged with "22349" b a traffic survey is not requied to establish that the speed limit is 55mph. But the radar is still needs to be calibrated and needs to be calibrated correctely. Right?

    The case cited mearly states that the calibration certificate of a speedo may not be necessary need to be produced at trial. But that is a fare streatch from saying the calibration certificated for a radar unit may not be necessary produced at trial, and it is another completely different matter to say the radar unit can be calibrated wrongly or in violating of their own calibration procedure. Because calibration of a is required to be done by law on radar and in the case cited one of the reason given by the judges on the speedo are that they are 'common' and could be presumed to be accuracted. I don't know if you could say the same about radar.

    Bottom line is they calibrated the radar to the wrong spec and/or wrong procedure in severial areas. If I don't offer proof that they radar is inaccurate, just the possibility that it is inaccuractely (because of the wrong calibration) will that give me a dismissial. I really don't know. But I am willing to go to court to see. What do I get to lose? So time off from work and a little drive?


    But I do want to present the base case possible, that is why I need your help.
    But I want to present the best case possible.

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