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

51-75 of 10000 results

Separate Statement - Statement filed

Email: [email protected] Attorneys for Defendants SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO INSURANCE SERVICES, a California DISPUTED REQUESTS FOR

Notice of Entry of Judgment

Name and Address of Court: Turlock Division 300 Starr Avenue Turlock, CA 95380 SMALL CLAIMS CASE NO.:SC-20-001063 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the case

Motion filed - Motion to Quash Deposition Subpoena for Joshua Nunes

Email: [email protected] Attorneys for Defendants SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO INSURANCE SERVICES, a California NOTICE OF MOTION AND MOTION TO

Notice of Entry of Judgment

XName and Address of Court: Turlock Division 300 Starr Avenue Turlock, CA 95380 SMALL CLAIMS CASE NO.:SC-20-001082 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the cas

Notice of Entry of Judgment

Name and Address of Court: Turlock Division 300 Starr Avenue Turlock, CA 95380 SMALL CLAIMS CASE NO.:SC-20-001067 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the case

Notice of Entry of Judgment

Name and Address of Court: Turlock Division 300 Starr Avenue Turlock, CA 95380 SMALL CLAIMS CASE NO.:SC-20-001049 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the case

Memorandum of Points & Authorities - Memorandum of Points and Authorities

Email: [email protected] Attorneys for Defendants SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO INSURANCE SERVICES, a California AUTHORITIES IN SUPPORT OF

Notice of Entry of Judgment

Name and Address of Court: Turlock Division 300 Starr Avenue Turlock, CA 95380 SMALL CLAIMS CASE NO.:SC-20-000964 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the case

Notice of Entry of Judgment

Name and Address of Court: Turlock Division 300 Starr Avenue Turlock, CA 95380 SMALL CLAIMS CASE NO.:SC-20-001068 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the case

Defendants' Case Management Statement - Case Management Statement

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Keith R. Pawloski, Esq. 178168 Stratman, Schwartz & Williams-Abrego PO Box 258829 Oklahoma City, OK 73125-8829 TELEPHONE NO.: (916) 503-2743 FAX NO. (

Memorandum of Points & Authorities - Memorandum of Points and Authorities

Email: [email protected] Attorneys for Defendants SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO INSURANCE SERVICES, a California AUTHORITIES IN SUPPORT OF

Separate Statement - Statement filed

Email: [email protected] Attorneys for Defendants SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO INSURANCE SERVICES, a California DISPUTED REQUESTS FOR

Notice of Entry of Judgment

Name and Address of Court: Turlock Division 300 Starr Avenue Turlock, CA 95380 SMALL CLAIMS CASE NO.:SC-20-001020 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the case

Notice of Entry of Judgment

Name and Address of Court: Turlock Division 300 Starr Avenue Turlock, CA 95380 SMALL CLAIMS CASE NO.:SC-20-001058 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the case

Memorandum of Points and Authorities

ALDEN J. PARKER, SBN 196808 Email: [email protected] DREW M. TATE, SBN 312219 Email: [email protected] FISHER & PHILLIPS LLP 621 Capitol Mall, Suite 1400 Sacramento, California 95814 Telephone: (916) 210-0400 Facsimile: (916) 210-0401 Attorneys for Defendant BELKORP AG, LLC

Notice of Entry of Judgment - Judgement for Defendants-Each Party to bea...

‘Name and Address of Court: YOLO SUPERIOR COURT 1000 MAIN STREET WOODLAND, CA 95695 SC-130 SMALL CLAIMS CASE NO.: SC-2020-214 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. If you lost the case, and the court ordered you to pay money, your wages, money, and property may be taken without further warning from the court. Read the back of this sheet for important information about your rights. AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Su caso ha sid

MONEY CLAIM OF PLAINTIFF FOR $8,775.00 FILED BY HUNG, MEI AS TO DEFENDAN...

Plaintiff's Claim and ORDER - . Sheath to Go to Smail 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, receipts, and

MONEY CLAIM OF PLAINTIFF FOR $10,000.00 FILED BY BUSCOVICH, PATRICK AS T...

Plaintitrs Claim and ORDER ay to Go tc 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 @ 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 evidence

MONEY CLAIM OF PLAINTIFF FOR $840.00 FILED BY KHOSRAVI, ARYA AS TO DEFEN...

SC-100 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 in (1) on page 2. You and the plaintiff must go to court on the trial date listed below. Ifyou 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 evidenc

DECLARATION OF JEAN-YVES LENDORMY IN OPPOSITION TO DEFENDANTS? MOTION TO...

EXHIBIT 1 580 California Street, Suite 11 00 San Francisco, CA 94104 Telephone 415 -788-19

Notice of Entry of Judgment - Defendant shall pay pltf the sum of $1474....

Name and Address of Court: YOLO SUPERIOR COURT 1000 MAIN STREET WOODLAND, CA 95695 SC-130 SMALL CLAIMS CASE NO.: SC-2020-221 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. If you lost the case, and the court ordered you to pay money, your wages, money, and property may be taken without further warning from the court, Read the back of this sheet for important information about your rights. AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Su caso ha sido

Memorandum of Points & Authorities - Memorandum of Points and Authorities

ATHLEEN EGAN LATIC KATHLEEN REGAN SLATIC (hereinafter “ hereby presents this Memorandum of Points and Authorities in Support of her Motion to Quash the by Defendant DANIEL PAUL ASHLEY (“Defendant”) of: (1) Plaintiff; (2) Bernard Shively

Defendant's Case Management Statement - Case Management Conference

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY GREG T. MINO, ESQ. SBN: 173597 TIZA SERRANO THOMPSON & ASSOCIATES th Street, Suite 2250 Sacramento, CA 958 TELEPHONE NO.: (916) 561 278 855) 886 5559 FAX NO. (Optional): E-MAIL ADDRESS (Optional):

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