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Getting Witness Fees Paid or Having Witnesses Testify by Telephone

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  • 01-17-2011, 02:27 PM
    tradingpennys
    Getting Witness Fees Paid or Having Witnesses Testify by Telephone
    My questions involve restraining orders in the State of: California
    Situation:
    I am in the middle of civil harassment hearings in hopes of obtaining a restraining order and I have 3 to 4 more witnesses I would like to present at the next hearing but it would mean financial hardship to them to appear as my witness. And I can not afford to cover it. Their declarations had been filed when I filed for the TRO.
    Question:
    Is there a way to amend the Request for Orders to Stop Harassment under section 18 titled Lawyers Fees and Costs to pay witness fee / expenses? OR Can I file form CIV-020 Notice of Intent to Appear by Telephone?
    NEXT
    Situation:
    In the the last hearing I presented a video of the defendant violating the TRO that I learned happened many hours after the incident luckily I had a surveillance camera recording at the time. I did not call the police but presented it to the judge instead. The judge took it into account as with the huge amount of evidence, witnesses, and statements. The violation - Contacted other protected person on TRO.
    Question:
    I do not want the defendant to go unpunished for the violation and was wondering if I could / should file an Order to Show Cause and Affidavit for Contempt?
    This is a next door neighbor I am seeking protection from which is harder because of the close proximity.
    The judge has been extremly patient through the past hearings, trying to take in all the details and evidence which is overwhelming, just my declaration alone is well over 30 pages. I think I have been doing well so far showing a pattern of conduct that includes stalking, battery (by family members and the defendant was there), through incident / arrest reports, detailed journal I kept and filed as my declaration, several witnesses so far, and visual evidence. The defendant is mentally unstable as in Bipolar and self medicating with booze. Defendant has been confused, done nothing but lie without anything to prove her accusations, and having a hard time staying focused. What slim to none she has produced has nothing to do with the complaint. And some of her lies I have been able to prove otherwise.
    I welcome any tips towards my obtaining the order.
  • 01-19-2011, 11:04 AM
    Mr. Knowitall
    Re: Getting Witness Fees Paid or Having Witnesses Testify by Telephone
    If you subpoena witnesses you pay them the required witness fee; it's a pretty modest amount. I doubt that you are going to get the court to permit them to testify by telephone, but nobody is saying you can't ask.
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