What is a Foreign Subpoena for Discovery in California?

Useful Rulings on Foreign Subpoena for Discovery in California

Recent Rulings on Foreign Subpoena for Discovery in California

ARMAGAN KAYRA, ET AL. VS BENEDICT SIRIMANNE, ET AL.

“To request issuance of a subpoena under this chapter that is based on a foreign subpoena, a party must submit the foreign subpoena to the clerk of the court in the county in which discovery is sought to be conducted in Indiana.” IN Code 34-44.5-1-6(a). Rather, CSDS served the foreign subpoena directly on the custodian of records, Chase Bank, in Indiana. Plaintiffs also argues that the subpoena is overbroad, seeks irrelevant information, and violates plaintiffs’ privacy rights.

  • Hearing

    Aug 28, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SELVIN EDUARDO ZECENA-VALDEZ VS U.S. FUGITIVE SERVICES INTERNATIONAL

The Petition also did not include a copy of the foreign subpoena or indicate whether a foreign subpoena was issued. (Id.) The Court ordered Petitioner to file and serve supplemental papers addressing these deficiencies, and warned that failure to do so could result in the Petition being placed off calendar or denied. (Id.) On April 21, 2020, the Court, on its own motion, continued the hearing to August 4, 2020 at 9:30 a.m. (4/21/20 Notice re Continuance of Hearing and Order.)

  • Hearing

    Aug 04, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

BACON VS. SEOP, INC.

Motion to Appoint Discovery Referee This is a special proceeding to domesticate a foreign subpoena for business records. This is the next phase of the discovery proceeding as to how to apportion referee fees. The issue is in part premature since the referee has yet to reach the merits of the dispute, which factors into any allocation issue.

  • Hearing

    Jul 31, 2020

BACON VS. SEOP, INC.

PETITION TO COMPLETE ENFORCEMENT OF OUT OF STATE SUBPOENA Pursuant to CCP §2029.350, “if a party to a proceeding pending in a foreign jurisdiction retains an attorney licensed to practice in this state, who is an active member of the State Bar, and that attorney receives the original or a true and correct copy of a foreign subpoena, the attorney may issue a subpoena [provided that the subpoena] (1) incorporate the terms used in the foreign subpoena; (2) [include] the names, addresses, and telephone numbers of

  • Hearing

    Mar 13, 2020

CHARLES P. GARCIA VS ALPFA, INC., ET AL.

In Digital, a foreign subpoena from New York was brought to California, and the parties moved to compel that subpoena in California. Defendants assert that because the dispute was brought in the state where the discovery was sought, and not the state where the subpoena was issued, that the same should hold true here.

  • Hearing

    Jan 07, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ACACIA COMMUNICATIONS, INC. V. FIBERHOME TELECOM USA INC.

“[I]f a party to a proceeding pending in a foreign jurisdiction retains an attorney licensed to practice in this state, who is an active member of the State Bar, and that attorney receives the original or a true and correct copy of a foreign subpoena, the attorney may issue a subpoena.” (Code Civ. Proc., §2029.350, subd. (a).) Under this authority, Acacia’s counsel in California issued the Subpoena at issue on August 15, 2018 after receiving the foreign (Massachusetts) subpoena.

  • Hearing

    Dec 20, 2019

  • Judge

    Presiding

  • County

    Santa Clara County, CA

CHARLES P. GARCIA VS ALPFA, INC., ET AL.

In Digital, a foreign subpoena from New York was brought to California, and the parties moved to compel that subpoena in California. Defendants assert that because the dispute was brought in the state where the discovery was sought, and not the state where the subpoena was issued, that the same should hold true here.

  • Hearing

    Nov 05, 2019

  • Type

    Employment

  • Sub Type

    Wrongful Term

CABLE NEWS NETWORK, INC. V. THE LELAND STANFORD JUNIOR UNIVERSITY, ET AL.

Additionally, a party may take a foreign subpoena to the clerk of the superior court in the county in which discovery is to be conducted and request that the clerk issue a local subpoena.4 (Code Civ. Proc., § 2029.300, subd. (a).) “If a dispute arises relating to the subpoena, any party may petition the superior court where the discovery is to be conducted for a protective order or an order enforcing, quashing, or modifying the subpoena.”

  • Hearing

    Oct 10, 2019

SIZE IT LLC VS ASICS AMERICA CORPORATION ET AL

Plaintiffs move to tax deposition costs as follows: Filing fees to New Jersey Superior Court for the Issuance of a Foreign Subpoena to Compel the Attendance of a Third-Party Deponent Who Resides in New Jersey for R. Mahan ($50.00). DENY Although this not a deposition cost, it is a filing fee which will be allowed. Per the Buese Decl., ¶ 68 and Exh. 58, this is not a duplicate fee as the $50 fee paid on July 14, 2017.

  • Hearing

    Jun 26, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

HASSAN DANDACHLI VS SONA MELIKYAN

Subpoenas issued by courts in another state or county (a foreign subpoena) may be enforced in California under the Interstate and International Depositions and Discovery Act. (CCP §2029.100 et seq.; see also Rutter Guide, Cal. Prac. Guide Civ. Pro. Before Trial (June 2018 Update) Ch. 8E-7, §8:620.20.)

  • Hearing

    Mar 29, 2019

  • Type

    Other

  • Sub Type

    Intellectual Property

UNITED AMERICAN PROPERTIES, INC. VS. BAKER

Pursuant to CCP §2029.350, a California attorney may issue a subpoena for discovery in-state if “that attorney receives the original or a true and correct copy of a foreign subpoena” and the California subpoena fully incorporates “the terms used in the foreign subpoena.” In order to assure both conditions have been met, local counsel generally attaches a copy of the out-of-state subpoena and checks box 6.

  • Hearing

    Jan 18, 2019

BAKER VS. YOUNG

Pursuant to CCP §2029.350, a California attorney may issue a subpoena for discovery in-state if “that attorney receives the original or a true and correct copy of a foreign subpoena” and the California subpoena fully incorporates “the terms used in the foreign subpoena.” In order to assure both conditions have been met, local counsel generally attaches a copy of the out-of-state subpoena and checks box 6.

  • Hearing

    Jan 18, 2019

MATTHIAS LENZ VS CPP KIMBALL LLC

Similarly, CCP section 2029.350(b)(1) requires that a subpoena issued under this section “shall incorporate the terms used in the foreign subpoena.” Box 4 is not checked in the subpoenas here. (See Exhs. A, B.) It is undisputable that the subpoenas do not incorporate the terms used in the Utah subpoenas. Further, CCP section 2025.22(a)(5) expressly mandates that a subpoena shall notify the deponent of any intention to videotape the deposition.

  • Hearing

    Dec 06, 2017

  • Judge

    Elaine Lu or Yolanda Orozco

  • County

    Los Angeles County, CA

HENRY DOANE, ET AL., VS GUS PARASKEVOULAKOS

If a party to an out-of-state legal proceeding retains a California lawyer and provides the lawyer with the original or a copy of the foreign subpoena, the California lawyer may issue a subpoena to a local resident without prior court approval. See CCP § 2029.350(a). The California deposition subpoena served on the Live Nation attaches the Wisconsin subpoena and was therefore properly issued against Live Nation. Second, the deposition subpoena’s document requests are proper under CC §1987.1.

  • Hearing

    Aug 25, 2017

RIC1412607

Nothing in CCP §2026.010(c) requires a copy of the foreign subpoena to be served on Plaintiff. CCP §2026.010(c) requires compliance with the laws of the state where the deposition is to occur. Plaintiff must challenge the subpoenas in the foreign courts, as Plaintiff is not challenging the substance (i.e. relevance, privacy, etc.). The foreign states should determine whether Defendant complied with those states’ procedures for obtaining the subpoenas.

  • Hearing

    Apr 10, 2017

ROD MESSECA VS KRISTEN HUNSBERGER

Although plaintiff has objected to defendant’s deposition subpoenas by citing the Interstate and International Depositions and Discovery Act, CCP §§ 2029.200-2029.900, that Act is inapplicable here because it provides a procedure for having a deposition subpoena issued in California based on a “foreign subpoena” issued by another state or foreign nation. Instead, the statute which governs the taking of discovery in another state in an action filed in California is CCP § 2026.010.

  • Hearing

    Feb 14, 2017

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

PEOPLE OF THE STATE OF CA. VS. NATIVE WHOLESALE SUPPLY

In September 2016, NWSC served subpoenas to Person Under Foreign Subpoena (the "Challenged Subpoenas") on Philip Morris USA Inc. (PM USA) seeking deposition testimony and documents related to communications exchanged by PM USA with legislative representatives of the State of California concerning the legislative purpose and intent of California Senate Bill 822 (1999), referred to in this action as the "Directory Statute."

  • Hearing

    Dec 08, 2016

  • Type

    Collections

  • Sub Type

    Collections

PEOPLE OF THE STATE OF CALIFORNIA EX REAL EDMUND G BROWN JR ATTORNEY GENERAL VS. NATIVE WHOLESALE SUPPLY COMPANY

In September 2016, NWSC served subpoenas to Person Under Foreign Subpoena (the "Challenged Subpoenas") on Philip Morris USA Inc. (PM USA) seeking deposition testimony and documents related to communications exchanged by PM USA with legislative representatives of the State of California concerning the legislative purpose and intent of California Senate Bill 822 (1999), referred to in this action as the "Directory Statute."

  • Hearing

    Dec 08, 2016

  • Type

    Collections

  • Sub Type

    Collections

PEOPLE OF THE STATE OF CALIFORNIA EX REAL EDMUND G BROWN JR ATTORNEY GENERAL VS. NATIVE WHOLESALE SUPPLY COMPANY

In September 2016, NWSC served subpoenas to Person Under Foreign Subpoena (the "Challenged Subpoenas") on Philip Morris USA Inc. (PM USA) seeking deposition testimony and documents related to communications exchanged by PM USA with legislative representatives of the State of California concerning the legislative purpose and intent of California Senate Bill 822 (1999), referred to in this action as the "Directory Statute."

  • Hearing

    Dec 08, 2016

  • Type

    Collections

  • Sub Type

    Collections

PEOPLE OF THE STATE OF CALIFORNIA EX REAL EDMUND G BROWN JR ATTORNEY GENERAL VS. NATIVE WHOLESALE SUPPLY COMPANY

In September 2016, NWSC served subpoenas to Person Under Foreign Subpoena (the "Challenged Subpoenas") on Philip Morris USA Inc. (PM USA) seeking deposition testimony and documents related to communications exchanged by PM USA with legislative representatives of the State of California concerning the legislative purpose and intent of California Senate Bill 822 (1999), referred to in this action as the "Directory Statute."

  • Hearing

    Dec 08, 2016

  • Type

    Collections

  • Sub Type

    Collections

PEOPLE OF THE STATE OF CALIFORNIA EX REAL EDMUND G BROWN JR ATTORNEY GENERAL VS. NATIVE WHOLESALE SUPPLY COMPANY

In September 2016, NWSC served subpoenas to Person Under Foreign Subpoena (the "Challenged Subpoenas") on Philip Morris USA Inc. (PM USA) seeking deposition testimony and documents related to communications exchanged by PM USA with legislative representatives of the State of California concerning the legislative purpose and intent of California Senate Bill 822 (1999), referred to in this action as the "Directory Statute."

  • Hearing

    Dec 08, 2016

  • Type

    Collections

  • Sub Type

    Collections

PEOPLE OF THE STATE OF CALIFORNIA EX REAL EDMUND G BROWN JR ATTORNEY GENERAL VS. NATIVE WHOLESALE SUPPLY COMPANY

In September 2016, NWSC served subpoenas to Person Under Foreign Subpoena (the "Challenged Subpoenas") on Philip Morris USA Inc. (PM USA) seeking deposition testimony and documents related to communications exchanged by PM USA with legislative representatives of the State of California concerning the legislative purpose and intent of California Senate Bill 822 (1999), referred to in this action as the "Directory Statute."

  • Hearing

    Dec 08, 2016

  • Type

    Collections

  • Sub Type

    Collections

MICHAEL JOHNSON VS R&R AUCTION COMPANY LLC

The deposition subpoena must incorporate the terms used in the foreign subpoena and contain the names, addresses, and telephone numbers of all counsel of record in the proceeding in which the subpoena relates and of any party not represented by counsel. MT R. Civ. Proc., Rule 28, subd. (c)(2)(C). The deposition subpoena must also state the title of the action, the out-of-state court in which the action is pending, and its case number, and the name of the Montana court that issued the subpoena. MT R. Civ.

  • Hearing

    Mar 27, 2015

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

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