Depo Subpoena

Last edited 145 days ago by Ted Broomfield

In California non-party discovery is through deposition subpoena. When serving deposition subpoenas, the attorney must use mandatory California Judicial Council Forms. When seeking employment records or consumer records, California specifies a complex procedure to notify not just opposing parties, but, non-parties whose records may be sought.

Where records, alone, are sought, the records may not be delivered directly to the attorney who sought the records. Instead, the records must be delivered to qualified person who has no interest in the case. Two people who can receive deposition subpoena records are: (1) Registered Professional Photocopiers who have a Notary Public Commission; and (2) Licensed California Attorneys. When the documents are delivered to the attorney who sought them, the Deposition Subpoena Officer must cover those documents with a compliant affidavit of authenticity of the records produced.

Subpoena for Employment Records – Must be served on the employee at least twenty (20) days before date of production, including the five day extender for service by mail, and at least ten (10) days, the five day extender for service by mail before service on the witness. [

CCP § 1985.6(b)(2)&(3).⁠

] Must be served on records custodian 15 days before date of production. [

Code of Civ. Proc. § 1985.6(b)(3)⁠

Subpoena for Personal (medical) records. Must be served on consumer at least twenty (20) days before date of production, including the five day extender for service by mail. [Code of Civ. Proc. §

⁠

1985.3(d)⁠

incorporating Code of Civ. Proc. §

⁠

2020.220(a)⁠

]. The subpoena may not be served on records custodian until at least ten (10) days after service on consumer - meaning the five (5) days specified by code, plus the five day extender for mail service. [

Code of Civ. Proc. § 1985.3(b)(3)⁠

Subpoena for Employment Records – Must be served on the employee at least twenty (20) days before date of production, including the five day extender for service by mail, and at least ten (10) days, the five-day extender for service by mail before service on the witness. [

CCP § 1985.6(b)(2)&(3).⁠

] Must be served on records custodian 15 days before date of production. [

Code of Civ. Proc. § 1985.6(b)(3)⁠

⁠

Motion to Quash Subpoena Duces Tecum. Must be served on defense counsel at least five (5) days before date for production of documents [

CCP 1985.3(g)⁠

1985.6(f)(2)⁠

] Note: Court may still grant a motion to quash after this time. [

Slage v. Sup. Ct. (1989) 211 Cal. App.3d 1309, 1313⁠

]

Move to Compel. A party must move to quash, only a non-party can object. Must be served on defense counsel at least five (5) days before date for production of documents [

CCP 1985.3(g)⁠

1985.6(f)(2)⁠

] Note: Court may still grant a motion to quash after this time. [

Slage v. Sup. Ct. (1989) 211 Cal. App.3d 1309, 1313⁠

]

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