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  1. #1

    Default Can Person Who Serves Process Testify As a Witness

    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?

  2. #2
    Join Date
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    Default Re: Can Person Who Serves Function As a Witness

    Quote Quoting mike1127
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    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

  3. #3

    Default Re: Can Person Who Serves Function As a Witness

    Thank you!

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