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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior


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 Subpoena

 Superior Court of  California

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 Los Angeles

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 Overview

To Compel Testimony or Documents From Non-Parties

". . . [T]he process by which a nonparty is required to provide discovery is a deposition subpoena." more...   

Three Types of Subpoenas

A subpoena may compel (1) testimony, (2) the production of records and things, or (3) both. ; . more...

Attorney May Issue

An attorney may issue a subpoena. Alternatively, the clerk of court will issue a blank subpoena to a party that requests it. more...

Use of Forms

Use of Judicial Council form subpoenas is mandatory. . The forms are on the Judicial Council's website at more...

Residence of the Witness

If the witness resides in California, proper service of a deposition subpoena requires the individual served to appear, testify, produce any documents or more...

Scope of Document Production

Subpoena Compelling Records and Testimony

A records and testimony subpoena requires a witness to "bring [to the deposition] any books, documents, or other more...

Records Only Subpoena

A subpoena compelling the production of records only is "directed to the custodian of those records or another more...

 Required Documents And Timing

Subpoena Compelling Testimony Only

This table describes the required documents and the timing requirements for their service where the subpoenaing party seeks more...

Required Document

Service Timing

"Deposition Subpoena For Personal Appearance," Judicial Council Form SUBP-015.

Percipient Witness: Within a reasonable time to travel to the place of deposition. ; .

Notice of Deposition

Percipient Witness: At least ten (10) days before the deposition. .

Witness and Mileage Fees (for information regarding the amount of the fees, see below)

Percipient Witness: At the time the subpoena is served, or when the witness provides testimony. (Section 1987 provides that the mileage fee and witness fee must be provided to the witness, if demanded, at the time the subpoena is served, while Section 2020.230 provides that the fees may be provided, at the option of the subpoenaing party, either at the time the subpoena is served, or when the witness provides testimony.) ; .

 

Subpoena Compelling Production of Business Records Only

This table describes the required documents and the timing requirements for their service where the subpoenaing party seeks more...

Required Document

Service Timing

"Deposition Subpoena For Production of Business Records," Judicial Council Form SUBP-010.

Consumer or Employee: Not less than ten (10) days prior to the date called for in the subpoena, and at least five (5) days prior to service on the custodian of records. ; .

Custodian of Records: Must occur such that the production is scheduled no earlier than twenty (20) days after issuance of subpoena, or fifteen (15) days after service of the subpoena, whichever is later. . Additionally, the subpoena must be served "in sufficient time to allow the witness a reasonable time, as provided in Section 2020.410, to locate and produce the records or copies thereof." ; .

Notice to Consumer (for language requirements, see below)

Consumer or Employee: Not less than ten (10) days prior to the date called for in the subpoena, and at least five (5) days prior to service (of the subpoena) on the custodian of records. ; .

Proof of Service regarding Sections 1985.3 and 1985.6 notice requirements

Consumer or Employee: Not less than ten (10) days prior to the date called for in the subpoena, and at least five (5) days prior to service (of the subpoena) on the custodian of records. ; .

Custodian of Records: Prior to the production of the records. Alternatively, the subpoenaing party may provide the consumer's authorization to release records. ; .

Witness Fee (for information regarding the amount, see below)

Custodian of Records: At the time the subpoena is served. . Additional payment pursuant to Evidence Code Section 1563 is due when the records are delivered. .

 

Subpoena Compelling Both Testimony and Records

This table describes the required documents and the timing requirements for their service where the subpoenaing party seeks more...

Required Document

Service Timing

"Deposition Subpoena For Personal Appearance and Production of Documents and Things," Judicial Council Form SUBP-020.

Percipient Witness: Within a "reasonable time" prior to the deposition and providing a "reasonable opportunity" to locate and produce records. ; .

Consumer or Employee: Not less than ten (10) days prior to the date called for in the subpoena, and at least five (5) days prior to service on the custodian of records. ; .

Custodian of Records: "In sufficient time to allow the witness a reasonable time, as provided in Section 2020.410, to locate and produce the records or copies thereof." ; .

Notice of Deposition

Percipient Witness or Custodian of Records: At least ten (10) days before the deposition where no personal or employment records are sought, and at least twenty (20) days before the deposition if personal or employment records are sought. .

Notice to Consumer (for language requirements, see below)

Percipient Witness: Not required.

Consumer or Employee: Not less than ten (10) days prior to the date called for in the subpoena, and at least five (5) days prior to service (of the subpoena) on the custodian of records. ; . If a notice of taking of deposition is also served, it may be set forth in a single document with the Notice to Consumer required by Sections 1985.3(e) and 1985.6(e). ; .

Proof of Service regarding Sections 1985.3 and 1985.6 notice requirements

Percipient Witness: Not required.

Consumer or Employee: Not less than ten (10) days prior to the date called for in the subpoena, and at least five (5) days prior to service (of the subpoena) on the custodian of records. ; .

Custodian of Records: Prior to the production of the records. Alternatively, the subpoenaing party may provide the consumer's authorization to release records. ; .

 

 Subpoena Rules

Subpoena of Electronically Stored Information

A subpoena in a civil proceeding may require that electronically stored information, as defined in CCP 2016.020, be more...

Form of Production of Electronically Stored Information

A party serving a subpoena requiring production of electronically stored information may specify the form or forms in more...

Unless the subpoenaing party and the subpoenaed party otherwise agree or the court otherwise orders, the following shall more...

(1) If a subpoena requiring production of electronically stored information does not specify a form or forms for more...

(2) A subpoenaed person need not produce the same electronically stored information in more than one form. more...

.

Claim that Electronically Stored Information Is "Not Reasonably Accessible"

The subpoenaed person opposing the production, inspection, copying, testing, or sampling of electronically stored information on the basis that more...

If the person from whom discovery of electronically stored information is subpoenaed establishes that the information is from a more...

If the court finds good cause for the production of electronically stored information from a source that is more...

Translation to Reasonably Usable Form

If necessary, the subpoenaed person, at the reasonable expense of the subpoenaing party, shall, through detection devices, translate any more...

Limitation of Discovery of Electronically Stored Information

The court shall limit the frequency or extent of discovery of electronically stored information, even from a source more...

.

Claim of Privilege

If a subpoenaed person notifies the subpoenaing party that electronically stored information produced pursuant to a subpoena is subject more...

Avoidance of Undue Burden

A party serving a subpoena requiring the production of electronically stored information shall take reasonable steps to avoid imposing more...

An order of the court requiring compliance with a subpoena issued under this section shall protect a person more...

Failure to Provide Electronically Stored Information Routinely Purged

Absent exceptional circumstances, the court shall not impose sanctions on a subpoenaed person or any attorney of a more...

This subdivision shall not be construed to alter any obligation to preserve discoverable information. . more...

Return of Privileged Electronically Stored Information ("Clawback")

If electronically stored information produced in discovery is subject to a claim of privilege or of protection as more...

Return Information of Present to Court Under Seal

After being notified of a claim of privilege or of protection, a party that received the information shall more...

No Disclosure or Use of Information Until Claim Resolved

Prior to the resolution of the motion brought under subdivision (d), a party shall be precluded from using more...

A party who received and disclosed the information before being notified of a claim of privilege or of more...

Motion to Determine Legitimacy of Claim of Privilege

If the receiving party contests the legitimacy of a claim of privilege or protection, he or she may more...

Until the legitimacy of the claim of privilege or protection is resolved, the receiving party shall preserve the more...

No Affidavit Required for Production of Business Records

"A deposition subpoena that commands only the production of business records for copying need not be accompanied by more...

Copies of Documents for Other Parties

Other parties may purchase copies of any records produced pursuant to a subpoena. . more...

Designation of Deposition Officer for Production of Business Records

The subpoenaing party may designate a professional photocopier (who must meet certain qualifications) as the "deposition officer" to whom more...

Records of Telephone Corporation

A subpoena for records maintained by a telephone corporation which is a public utility is not effective unless more...

Failure to Comply with Notice Requirements

Failure to comply with the requirements of Code of Civil Procedure Sections 1985.3 and 1985.6 is sufficient basis more...

Order Shortening Time

A subpoenaing party may move for an order shortening time and/or relieving the additional service requirements of Code more...

Subpoenas Directed to Journalists

Section 1986.1 sets forth additional requirements for subpoenas directed to journalists. . more...

Subpoenas Directed to Prisoners

The Code of Civil Procedure sets forth additional requirements for subpoenas directed to prisoners. ; ; . more...

Penalites for Disobedience of Subpoena

Disobedience of a subpoena is punishable by contempt, fines, damages and possibly incarceration. ; ; ; ; . more...

Local Subpoena Guidelines

The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to more...

 Format of Subpoena Papers

Mandatory Forms

A party issuing a subpoena must use one of the forms provided by the California Judicial Council. The more...

The forms are on the Judicial Council's website at (see under the "Subpoena" form group.) more...

Testimony Only

A subpoena that compels testimony only must state the time and place of the deposition, a summary of more...

If the deponent is an organization, the subpoena must describe "with reasonable particularity the matters on which examination more...

Business Records Only

A deposition subpoena that commands only the production of business records for copying must designate the business records more...

"The following legend shall appear in boldface type on the deposition subpoena immediately following the date and time specified more...

Testimony and Production of Records

A deposition subpoena that commands attendance, testimony and the production of records, must comply with all the requirements more...

 Witness & Mileage Fees

If Personal Attendance Required

If the subpoena requires personal attendance, the party noticing the deposition must provide to the deponent, by cash more...

If Personal Attendance NOT Required

If the subpoena does not require personal attendance, payment in cash or by check of the amount specified more...

 Required Notice to Employees and Consumers

When Required

Notice is required when the party issuing the subpoena seeks more...

 

The Notices

The subpoenaing party must provide to the consumer or employee to whom the records pertain: more...

The notice must provide the following information: more...

Subpoena For Consumer Records or Personal information

Subpoena For Employment Records

 Service of Subpoena

Deposition Subpoena Must Be Personally Served

Personal service of a deposition subpoena is required. . If the deponent is a natural person, service must be made on that person. more...

Notice to Consumer

Service must be made to the consumer or employee personally, or at his or her last known address, more...

Mail Service

Where mail service is permitted (with respect to the requirements of Code of Civil Procedure Sections 1985.3 and more...

Notice to Other Parties

The deposition subpoena and all supporting documents must be served on all parties who have appeared in the more...

Do Not File With Court

The original deposition subpoena and proof of service are retained by the serving party and not filed with more...

 Out of State Actions and Witnesses

Action Pending In-State, Witness in Foreign Jurisdiction

Consult SmartRules Subpoena Guide for Jurisdiction Where Witness Resides

If your witness resides in a jurisdiction in the United States, consult the SmartRules Subpoena Guide for the more...

California Interstate Deposition and Discovery Act

Issuance of California Subpoena for Use in Foreign Action

To request issuance of a subpoena, a party must submit the original or a true and correct copy more...

In addition to submitting a foreign subpoena under subdivision (a), a party seeking discovery must more...

(1) Submit an application requesting that the superior court issue a subpoena with the same terms as the more...

(2) Pay the fee specified in Section 70626 of the Government Code. more...

. (eff 1/1/10) more...

Subpoena Requirements

A subpoena issued under this section shall satisfy all of the following conditions: more...

(1) It shall incorporate the terms used in the foreign subpoena. more...

(2) It shall contain or be accompanied by the names, addresses, and telephone numbers of all counsel of more...

(3) It shall bear the caption and case number of the out-of-state case to which it relates. more...

(4) It shall state the name of the court that issues it. more...

(5) It shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390. more...

. (eff 1/1/10); . (eff 1/1/10) more...

California Attorney May Issue

If a party to a proceeding pending in a foreign jurisdiction retains an attorney licensed to practice in more...

Service of Subpoena

A subpoena issued under this article must be personally served. . (eff 1/1/10) more...

Petition for Protective Order, To Quash, Modify Subpoena, Include Civil Case Cover Sheet

Any request for a protective order or to enforce, quash, or modify a subpoena, or for other relief more...

On filing a petition under Section 2029.600, a petitioner who is a party to the out-of-state proceeding shall more...

Response to Petition

On responding to a petition under Section 2029.600, a party to the out-of-state proceeding shall pay a first more...

Formatting Requirements

Any petition, response, or other document filed under this section must: more...

(1) It shall bear the caption and case number of the out-of-state case to which it relates. more...

(2) The first page shall state the name of the court in which the document is filed. more...

(3) The first page shall state the case number assigned by the court under subdivision (b). more...

(4) The first page shall state whether or not the person filing the document is a party to more...

. (amended 7/1/12) more...

Subsequent Disputes

If a petition has been filed under Section 2029.600 and another dispute later arises relating to discovery being more...

The first page of the petition shall clearly indicate that it is not the first petition filed in more...

If the petitioner in the new dispute is a party to the out-of-state case who previously paid a more...

If the petitioner in the new dispute is not a party to the out-of-state case, the petitioner shall more...

If a person responding to the new petition is not a party to the out-of-state case, or is more...

Formatting Requirements

Any petition, response, or other document must: more...

(1) It shall bear the caption and case number of the out-of-state case to which it relates. more...

(2) The first page shall state the name of the court in which the document is filed. more...

(3) The first page shall state the same case number that the court assigned to the first petition more...

(4) The first page shall state whether or not the person filing the document is a party to more...

. (amended 7/1/12) more...

A petition for relief pursuant to this section must be accompanied by a civil case cover sheet. . more...

 Challenging Subpoena

Motion to Quash or Modify Subpoena, or for Protective Order

Challenges to a subpoena may be brought by a party or non-party, whether or not any documents sought more...

Where Consumer or Employments Records Are at Issue

Challenge by Party

A consumer or employee whose records are sought and who is also a party to the action may more...

Challenge by Non-Party

A non-party consumer whose records are sought may serve on the subpoenaing party, the witness and the deposition more...

No Production Until Court Order or Agreement

No witness or deposition officer is required to produce testimony or records after notice of a motion to more...

Enforcement of Subpoena Seeking Consumer Records

A party issuing a subpoena seeking consumer records may bring a motion under Code of Civil Procedure Section more...

Enforcement of Subpoena Seeking Employment Records

A party requesting employment records may bring a motion pursuant to Code of Civil Procedure Section 1987(c) to more...

 Subpoena in Out of State Action

Service of Subpoena on California Resident

While the service of subpoenas on witnesses for out of state actions is clearly authorized, there is no more...

Contact Clerk of Court with Jurisdiction

The process for obtaining a subpoena in an out of state action has been developed over time by more...

 Dealing with Non-Party Witness

(1) Counsel should not issue subpoenas to non-party witnesses except in connection with their appearance at a hearing, more...

(2) Deposition subpoenas should be accompanied by notices of deposition with copies to all counsel. more...

(3) Where counsel obtains documents pursuant to a deposition subpoena, copies of the documents should be made available more...

LASC Appendix 3.A Guidelines for Civility in Litigation more...

 

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior