This is a sample motion filed in Circuit Court seeking to allow the issuance of a Non-Party subpoena.
Alabama Motion to Compel a Nonparty
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FAQ
Typically a pro-se litigant will need the clerk to issue a subpoena as lawyers do this by virtue of being officers of the court. Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice.
Any employee whose employment records are sought by a subpoena duces tecum may bring a motion to quash. Note that non-party employees may object to a subpoena by serving written objections. 3. Any non-party who has been served with a business records subpoena may bring a motion to quash.
Contact the lawyer who subpoenaed you and ask him/her to let you off the hook or alternatively postpone the trial. If you have a good excuse and the lawyer will not relent, get an attorney you know to contact the judge to get the case postponed.
Lawyers who are licensed in the state usually have the power to issue a subpoena. However, individuals who are a party to a lawsuit and other individuals may also be able to issue a subpoena, depending on the rules of civil or criminal procedure in the court that has jurisdiction of the case.
In CA a pro se litigant must get court approval to issue a subpoena.
Individuals acting In Pro Per can also issue a signed subpoena upon a party in a legal proceeding. Once an attorney requests a subpoena, it must be personally served on the subpoenaed party by someone who is over the age of 18 and not a party to the action.
In most instances, a subpoena can be issued and signed by an attorney on behalf of a court in which the attorney is authorized to practice law.In some cases, a non-lawyer may issue a subpoena if acting on his or her own behalf (known as pro se representation).
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
Providing objections suspends your obligation to comply with the subpoena until or unless a court orders compliance, or you reach an agreement with the party that served you with the subpoena. If you do not wish to comply with the subpoena, you may file a motion to quash it before the date set forth on the subpoena.