Question for the lawyers

[paulney]

I'm doing a pro se case, and it's a little too late to call the clerk now, so I thought maybe resident ATOT lawyers could answer.

It's a very simple question: the local rules of the court require me to serve a copy of summons not only to the defendants (US agency in this case) and the US Attorney General, but to the Attorney General for the district of NorCal.

The question is: do I need to have separate summons addressed to At. Gen. Nor.Cal., or does he simply get a copy of summons issued and addressed to defendants?

Thanks.

 

[paulney]

Bump for the morning ATOT crowd

 

[jadinolf]

Originally posted by: paulney
Bump for the morning ATOT crowd

Bump for the afternoon crowd.

 

[waggy]

shouldnt that be something you know before you take the case?

 

[bowdenball]

one summons to each party.... I'm no lawyer but work in a courtroom everyday... i live in South Carolina so our law might be different than yours.... besides, it can't hurt to cover all of your bases

 

[AtlantaBob]

I am not a lawyer. I'm only a part-time paralegal. Therefore, you should not listen to anything I say, and you should seriously get professional legal advice from an attorney licensed to practice in your state.

That being said, and I don't know any of the specifics of the case, which would help, but I can't think of a reason why you would send a subpoena personally addressed to the AG -- you don't want him to testify or produce anything, do you? Can you provide some more background on that?

 

[gsethi]

Originally posted by: AtlantaBob
I am not a lawyer. I'm only a part-time paralegal. Therefore, you should not listen to anything I say, and you should seriously get professional legal advice from an attorney licensed to practice in your state.

That being said, and I don't know any of the specifics of the case, which would help, but I can't think of a reason why you would send a subpoena personally addressed to the AG -- you don't want him to testify or produce anything, do you? Can you provide some more background on that?

The Defendant in OP's case is US Agency. So yes, he will have to summon the AG for sure.

 

[AtlantaBob]

Originally posted by: gsethi

Originally posted by: AtlantaBob
I am not a lawyer. I'm only a part-time paralegal. Therefore, you should not listen to anything I say, and you should seriously get professional legal advice from an attorney licensed to practice in your state.

That being said, and I don't know any of the specifics of the case, which would help, but I can't think of a reason why you would send a subpoena personally addressed to the AG -- you don't want him to testify or produce anything, do you? Can you provide some more background on that?

The Defendant in OP's case is US Agency. So yes, he will have to summon the AG for sure.

Yes, but there's a difference in alerting the AG that he's subpoenaing a U.S. Agency (sending a copy addressed to the Agency, but cc'ed to the AG) and actually subpoenaing the AG himself....

 

[paulney]

Originally posted by: AtlantaBob

Originally posted by: gsethi

Originally posted by: AtlantaBob
I am not a lawyer. I'm only a part-time paralegal. Therefore, you should not listen to anything I say, and you should seriously get professional legal advice from an attorney licensed to practice in your state.

That being said, and I don't know any of the specifics of the case, which would help, but I can't think of a reason why you would send a subpoena personally addressed to the AG -- you don't want him to testify or produce anything, do you? Can you provide some more background on that?

The Defendant in OP's case is US Agency. So yes, he will have to summon the AG for sure.

Yes, but there's a difference in alerting the AG that he's subpoenaing a U.S. Agency (sending a copy addressed to the Agency, but cc'ed to the AG) and actually subpoenaing the AG himself....

Exactly. I may have been unclear in my OP: I needed to alert both the AG and AUSA Nor.Cal. district about the fact that I filed the complaint with the District Court. The Pro Se handbook was a little unclear on whether I need separate summons for both, or simply copy of summons for the defendants (US Agencies in this case).

I clarified it with the court clerk, and a friend of mine served the copy of a complaint and summons to the Office of the Clerk, AUSA, and they accepted it just fine.