Subpoena-ing a minor

[Betty]

It looks like the school is going to Subpoena my daughter in the extortion case which she is a witness too (and victim although she had nothing to steal). Not sure if I mentioned that whole drama around here - a seperate incident to her getting beat up.

We don't want her to testify because we think it's going to cause further drama at school... and since the school has been so helpful in protecting her so far we're thinking it's best to keep her out of it. (especially consdiering they have 2 other victims that will testify and that she would rather not testify.)

Anyway, the school called today threatening to Subpoena her and I told them to go right ahead because she wasn't going to testify otherwise.

I've never been subpoenad before - have you? What about in a school type setting? They have to server her in person? Or since she's a minor do they serve me on her behalf? Will they serve her in school?

[BarTopDancer]

I'm asking my cousin, who owns a process serving company. He needs to know how old she is to give the correct info

ETA - he isn't sure in criminal cases but he says the schools lawyers would have to convince the judge to issue one first.

[innerSpaceman]

You can't subpoena a minor. Plain and simple.


They can, however, subpoena YOU as her legal guardian.


But is there even a legal procedure in place. Is there some criminal complaint filed? The school itself cannot issue a subpoena for some kind of internal investigation. There have to be ongoing legal proceedings of some kind.

[Moonliner]

Originally Posted by innerSpaceman

You can't subpoena a minor. Plain and simple.


They can, however, subpoena YOU as her legal guardian.


But is there even a legal procedure in place. Is there some criminal complaint filed? The school itself cannot issue a subpoena for some kind of internal investigation. There have to be ongoing legal proceedings of some kind.

You can subpoena a minor in California. You just have to serve the parent/guardian.

[Kevy Baby]

Originally Posted by Moonliner

You can subpoena a minor in California. You just have to serve the parent/guardian.

That's pretty much what iSm said

[Cadaverous Pallor]

WTF? She witnessed extortion?? Is this a private or public school?

[innerSpaceman]

No, it's what I meant to say. But I didn't write it exactly that way. In any event, it all boils down to the legal guardian being the gatekeeper for anything involving a minor.

If there is a legal proceeding, a judge does have the power to order the guardian to produce the minor to testify.

[Kevy Baby]

Originally Posted by innerSpaceman

No, it's what I meant to say. But I didn't write it exactly that way.

Hmm... It's how I read it, so I am giving you credit for it.

Besides, Moonliner is just a hack, so you really can't rely on his opinions.

[Strangler Lewis]

A two-minute glance at the Education Code suggests that various school adjudicatory bodies have subpoena power which is exercised under the Code of Civil Procedure. I imagine they still would have to serve the parent, not the minor.

[innerSpaceman]

Having the power to issue a subpeona and having the power to enforce it are two different things.

Of course, you open yourself to potential sanctions if you don't obey a subpoena, but I doubt a judge would issue any penalties for a lay parent not wanting her daughter to be harrassed at school.



Anyway, make it difficult for them to serve you. A subpoena must be served personally. So don't identify yourself to strangers, don't answer the door at home for people you don't know, don't let yourself be summoned to the front desk or whatever at work unless it's to meet someone you know. Certainly don't ever pick up your daughter at school. Meet her slightly off school grounds if you need to give her a ride home from there.



Or, you could, ya know, just let her testify. But if you want to avoid that, the best way is to avoid being served with the subpoena.