What is a Subpoena?

In civil litigation, subpoenas are often used to compel discovery from nonparties to a suit such as individuals or corporations. In a California proceeding, a deposition subpoena is the only method by which to obtain discovery from a non-party in civil litigation. “A deposition subpoena must be served to compel that witness’s attendance, testimony, or production of documents and things pursuant to Chapter 6, ‘Nonparty Discovery,’ of the CDA.” (CCP §§ 2020.010-2020.510. See, e.g., California ex rel Lockyer v. Super. Ct., 122 Cal. App. 4th 1060, 1076-78 (2004).)

The California Civil Code allows an oral deposition, written deposition, or a deposition for production of business records and other things coming within the scope of Article 4 or 5. (CCP § 2020.010.) The process by which a nonparty is required to provide discovery is a deposition subpoena. (Id.) However, subpoenas are still subject to the rules regulating discovery between parties of a suit.

Any party is entitled to discovery proceedings up until the 30th day before the date initially set for the trial of the action and a continuance of the trial date does not operate to reopen discovery proceedings. (CCP § 2024.020.)

There are four types of deposition subpoenas: a subpoena for an oral deposition, a subpoena for business records deposition commanding only the production of business records for copying, a subpoena for business records deposition commanding the productions of records and testimony, and finally, a subpoena for a written deposition. (CCP §§ 2020.310, 2025.010, 2020.410, 2020.510, 2028.010.6.)

If the subpoena is for the production of business records, discovery will be considered complete on the date of production. (CCP § 2020.010.) However, if the subpoena is seeking personal records under CCP § 1985.3 then there needs to be at least 20 days’ notice. (CCP § 1985.3; see Unzipped Apparel v. Bader, 156 Cal.App.4th 123, 127 (2007).)

The Court is authorized under CCP § 1987.1 to order a subpoena quashed entirely, modified, or directed to comply with terms and conditions the Court declares, including protective orders. (CCP § 1987.1.) Under this section the court is also authorized to make any order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person. (Id.)

“If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent’s control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” (CCP § 2025.480, subd. (a).) The court can order the disobeying party to comply within 60 days after completion of the deposition record. (Id.) Objections or other responses to a business records subpoena are the "deposition record" for purposes of measuring the 60-day period for a motion to compel. (See Unzipped Apparel, 156 Cal.App.4th at 132-133.)

Useful Resources for Subpoena

Recent Documents on Subpoena

1-25 of 10000 results

STIPULATED PROTECTIVE ORDER

Natalie A. Xifo (SBN 280930) Claire E. Cochran (SBN 222569) F I LAW OFFICES OF CLAIRE COCHRAN, P.C. ated gE 2) 100 Pine Street, Suite 1250 UNV ot San eealioms San Francisco, CA 94111 Map ~ ° Telephone: (415) 580-6019 4 202} phe CLE Facsimile: (415) 745-3301 RK (415) By: TH Coy AT Attorneys for Plaintiff re NATHAN PETER RUNYON mr Pierce Bainbridge Beck Price & Hecht LLP Andrew E. Calderon (SBN 316673) [email protected] 355 South Grand Avenue, 44th Floor Los Angeles, California 90

MONEY CLAIM OF PLAINTIFF FOR $4,697.93 FILED BY KIM, STEVE AS TO DEFENDA...

> Plaintiff's Claim and ORDER aay to Go to Small Claims Court Notice to the person being sued: * You are the defendant if your name is listed in @) on page 2 of this form. The person suing you is the plaintiff, listed in(1) on page 2. + You and the plaintiff must go to court on the trial date listed below. If you do not go to court, you may lose the case. * Ifyou lose, the court can order that your wages, money, or property be taken to pay this claim. + Bring witnesses, receipts, and any

MONEY CLAIM OF PLAINTIFF FOR $4,697.93 FILED BY KIM, STEVE AS TO DEFENDA...

Eom TN Plaintiff's Claim and ORDER Clerk stamps date here when form is filed. to Go to Small Claims Court Notice to the person being sued: FR iL 7 * You are the defendant if your name is listed in 2) on page 2 of this form. The person suing you is the plaintiff, listed in(1) on page 2. San ack es County Superior Court * You and the plaintiff must go to court on the trial date listed below. If you FEB 0420 21 do not go to court, you may lose the case. ‘ * Ifyou lose, the court can order that y

Memorandum of Points and Authorities in Support of Motion to Quash or Mo...

OF POINTS Butte (..Non-party,'), on December from providing Swihart (or

MONEY CLAIM OF PLAINTIFF FOR $10,000.00 FILED BY MITZ, REBECCA CARREJO, ...

SC-100 Plaintiff's Claim and ORDER Clerk stamps date here when form is filed. to Go to Small Claims Court Notice to the person being sued: * You are the defendant if your name is listed in 2) on page 2 of this form. F { L EK D The person suing you is the plaintiff, listed in(1) on page 2. San Francisco County Superor Gourt * You and the plaintiff must go to court on the trial date listed below. If you FEB 02 2021 do not go to court, you may lose the case. * Ifyou lose, the court can order t

Notice of Motion TO COMPEL COMPLIANCE OF SUBPOENA ISSUED TO STANISLAUS C...

Robert L. Reisinger, Esq., Bar No. 156474 Victoria A. Silcox, Esq., Bar No. 194314 Christopher P. Chang, Esq., Bar No. 316021 FORD, WALKER, HAGGERTY & BEHAR One World Trade Center Twenty Seventh Floor Long Beach, California 90831-2700 (562) 983-2500 FORD, WALKER, HAGGERTY & BEHAR

Reply In Support of Motion to Quash or Modify Subpoena - Motion hearings...

for Non-Party Court Investigator Pursuant to Party Christopher in opposition motion to her report, or the contents

Declaration of Sharon M. Nagle in Support of Motion to Quash or Modify S...

77 for Non-Party M. Nagle, am an law duly and am the attorney could competently personal knowledge.

MONEY CLAIM OF PLAINTIFF FOR $3,479.10 FILED BY LINN, LYDIA RADOVICH ZIN...

Plaintiff's Claim and ORDER to Go to Small Claims Court Notice to the person being sued: * You are the defendant if your name is listed in @on page 2 of this-form. The person suing you is the plaintiff, listed [email protected]) on page 2. * You and the plaintiff must go to court on the trial date listed below. If you do not go to court, you may lose the case. * Ifyou lose, the court can order that your wages, money, or property be taken to pay this claim. + Bring witnesses, receipis, and any evidence y

39310RequestF0072ac9 - Request for Pre-Trial Discovery filed

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and adaress): FOR COURT USE ONLY Marshall C, Whitney #082952; Kristi. Marshall #274625, Whitney Thompson & Jeffcoach, LLP 8050 N. Palm Avenue, Ste. 110, Fresno, CA 93711 TELEPHONE NO; (559) 753-2550 FAX NO: (559) 753-2560 ATTORNEY FOR (Name): Kahn, Soares & Conway, LLP SUPERIOR COURT OF CALIFORNIA * COUNTY OF FRESNO Civil Division 1130 O Street Fresno, California 93721-2220 PLAINTIFF/PETITIONER: RUDOLF LEONE, JR., et al. DEFE

AUTO ACCIDENT CLAIM OF PLAINTIFF FOR $4,840.24 FILED BY SKIDMORE, THOMAS...

Plaintiff's Claim and ORDER SY to Go to Small Claims Court Notice to the person being sued: * You are the defendant if your name is listed in (2) on page 2 of this form. The person suing you is the plaintiff, listed in(4) on page 2. * You and the plaintiff must go to court on the trial date listed below. If you do not go to court, you may lose the case. If you lose, the court can order that your wages, money, or property be taken to pay this claim. * Bring witnesses, receipts, and any evide

4215113_527Requestfo - Request for Pre-Trial Discovery filed

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY Nancy Zhang (SBN: 294675) Consumer Law Experts, P.C. 5757 West Century Blvd., Suite 500, Los Angeles, CA 90045 TELEPHONE NO: 310-442-1410 FAX NO: 877-566-8828 ATTORNEY FOR (Name): Plaintiffs Civil Division 1130 O Street

Defendant TRC Solutions, Inc. Case Management Statement - Case Managemen...

CM-1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Traci S. Lagasse (SBN: 180976) / David J. Gibson (SBN: 272516) Henna Sharma (SBN: 309856) Lagasse Branch Bell + Kinkead LLP 1 Sansome St., 35th Floor, San Francisco, CA 94104

Notice OF ERRATA RE DEFENDANTS NOTICE OF MOTION FOR SUMMARY JUDGMENT - N...

LEWIS BRISBOIS BISGAARD & SMITH LLP KEVIN L. ENG, SB# 217248 E-Mail: [email protected] CHRISTOPHER G. WASHINGTON, SB# 307804 E-Mail: [email protected] 633 West 5th Street, Suite 4000 Los Angeles, California 90071 Telephone: 213.250.1800

Motion to Compel 01/14/2021 - Motion to Compel

Superior Court of California County of Kern Bakersfield Department 17 Hearing Date: 01/14/2021 Time: 8:30 AM - 12:00 PM ALEXANDER VS SAVE MART SUPERMARKETS

Motion to Compel 01/14/2021 - Motion to Compel

Superior Court of California County of Kern Bakersfield Department 17 Hearing Date: 01/14/2021 Time: 8:30 AM - 12:00 PM ALEXANDER VS SAVE MART SUPERMARKETS

Motion to Compel 01/14/2021 - Motion to Compel

Superior Court of California County of Kern Bakersfield Department 17 Hearing Date: 01/14/2021 Time: 8:30 AM - 12:00 PM ALEXANDER VS SAVE MART SUPERMARKETS

Motion to Compel 01/14/2021 - Motion to Compel

Superior Court of California County of Kern Bakersfield Department 17 Hearing Date: 01/14/2021 Time: 8:30 AM - 12:00 PM ALEXANDER VS SAVE MART SUPERMARKETS

Civil Minutes - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY James T. Harry, Esq. 244794 Hartsuyker, Stratman & Williams-Abrego PO Box 258829 Oklahoma City, OK 73125-8829 TELEPHONE NO.: (916) 503-2750

Defendant's Case Management Statement - Case Management Conference

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). FOR COURT USE ONLY |__Pearll. Hopper, Esq. 258460 Stratman, Schwartz & Williams-Abrego PO Box 258829 Oklahoma City, OK 73125-8829 TELEPHONE NO: (559) 433-2521 FAX NO, (Optional E-MAIL ADDRESS (Optional): [email protected] Defendant, Lori Pierce Superior Court of California F County of Butte | L ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE E streeTaopRess: Civil Divi

Declaration of Sharon M. Nagle in Support of Motion to Quash or Modify S...

77 for Non-Party M. Nagle, am an law duly and am the attorney could competently personal knowledge.

Reply In Support of Motion to Quash or Modify Subpoena - Motion hearings...

for Non-Party Court Investigator Pursuant to Party Christopher in opposition motion to her report, or the contents

Memorandum of Points and Authorities in Support of Motion to Quash or Mo...

OF POINTS Butte (..Non-party,'), on December from providing Swihart (or

Criminal: Minute Order - Trial Setting Conference

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 05479 vs. 8:30 AM Trial Setting Conference

Defendant TRC Solutions, Inc. Case Management Statement - Case Managemen...

CM-1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY Traci S. Lagasse (SBN: 180976) / David J. Gibson (SBN: 272516) Henna Sharma (SBN: 309856) Lagasse Branch Bell + Kinkead LLP 1 Sansome St., 35th Floor, San Francisco, CA 94104

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