My question involves court procedures for the state of: California
Can the person who serves my small claims lawsuit be a witness also, or is there some rule against that?
My question involves court procedures for the state of: California
Can the person who serves my small claims lawsuit be a witness also, or is there some rule against that?
As long as the witness is not also a party to the case he or she may serve the complaint, assuming he or she meets the other requirements to be a server, of course. But that said, it would be better to use someone to serve the complaint who will not have any involvement in the litigation other than serving that complaint. If any dispute comes up over the service of the complaint you don’t want any perceived bias by the process server to work against you. You'll find the rules for service in California here:
http://www.courts.ca.gov/selfhelp-serving.htm
Thank you!