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

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Plaintiff's Claim and Order to Go to Small Claims Court $1,500 or less f...

Plaintiff's Claim and Order eae to Go to Small Claims Court SEP 2 5 2019 Notice to the person being Sued: led : , OSA JUNQUEIRO, CLERK x 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 @D on page 2. : . You and the Plaintiff must go to court on the trial date listed below. If: you BI aa) do not go to court, you may lose the case. DE Ifyou lose, the court can order that your wages, money, or property be taken to

Plaintiff's Claim and Order to Go to Small Claims Court Over $1,500 to $...

Plaintiff's Claim and Order ems to Go to Small Claims Court Notice to the person being Sued: Filed SEP 2 5 2019 ——— = : ‘You are the Defendant if your name is listed in @) on page 2 of this form. ROS, QUEIRO, CLE or The person suing you is the Plaintiff, listed in @ on page 2. . ey You and the Plaintiff must go to court on the trial date listed below. If you B pa do not go to court, you may lose the case. DEPUTY Ifyou lose, the court can order that your wages, money, or property be taken

Plaintiff's Claim and Order to Go to Small Claims Court Over $1,500 to $...

opm f° Plaintiff's Claim and Order PILED icniy to Go to Small Claims Court % UPERIOR COURT Notice to the person being Sued: 209 SEP 25 Pi + You are the Defendant if your name is listed in @) on page 2 of this form. ROS; le 00 The person suing you is the Plaintiff, listed in @) on page 2. Rus JUNQUEIRG, CLERIC + You and the Plaintiff must go to court on the trial date listed below. If you 4 do not go to court, you may lose the case. 7 . ; cA) Tf you lose, the court can order that your wages, mo

MOTION TO STRIKE FIRST AMENDED COMPLAINT AND REFERENCES TO JOHN DOE THER...

1 Douglas J. Melton, Bar No. 161353 161353 Shane riane M. Ivi.Cahill, Cahill, Bar Bar No. No. 227972 2 Benjamin A. Mains, Bar No. 274056 LONG & LEVIT LLP

NTC OF MTN AND MTN TO SEAL TOP-SECRET DOCUMENTS SUBMITTED WITHIN COUNSEL...

Armando Reyes, J.D. (In Pro Per) 6360 Eighth Street. Riverbank, California. 95367 Phone | 209-596-3023 Email: [email protected] D ¥ itt of California Separier Pate Francisco SEP 2.9 2019 eK OF THE COURT By: jeputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION ARMANDO REYES, Plaintiff, vs. STARBUCKS CORPORATION, KEVIN JOHNSON, CHIEF EXECUTIVE OFFICER IN| HIS PROFESSIONAL CAPACITY, PATRICK GRISMER (CHIEF FINANCIAL OFFICER) IN HIS PROFESSIONAL C

AUTO ACCIDENT CLAIM OF PLAINTIFF FOR $8,385.45 FILED BY DAQA, ASHRAF FLY...

Plaintiff's Claim and ORDER AY 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 (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 e

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By Fay f om 00 Plaintiff's Claim and ORDER Clerk stamps date here when form is filed. to Go to Small Claims Court ‘ - I Notice to the person being sued: 7 Francisco uperior Suri) * 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. SEP 25 2019 * You and the plaintiff must go to court on the trial date listed below. If you CLERK OF THE COURT do not go to court, you may lose the case. ¥ L-

Plaintiff's Claim and Order to Go to Small Claims Court Over $1,500 to $...

Plaintiff's Claim and Order SC-100 to Go to Smal! Claims Court Notice to the person being Sued: led SEP 25 2019 . * * You are the Defendant if your name is listed in @) on page 2 of this form, S. A JUNQUEIRO, CLERK 9) 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 By Doplauwr do not go to court, you may lose the case. DEPUTY * — Ifyou lose, the court can order that your wages, money, or property

Memorandum of Points & Authorities - Memorandum of Points and Authorities

28 McCormick, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP 7687 NORTH FRESNO STREET FRESNO, CASITZO McCormick, Barstow, Sheppard, Wayte & Carruth LLP Victoria R. Bernhardt, #157294 victoria. [email protected] Jamie K. Xiong-Vang, #246683 [email protected] 7647 North Fresno Street Fresno, California 93720 Telephone: (559) 433-1300 Facsimile: (559) 433-2300 Attorneys for Defendant MARY RUTH JOHNSON SUPERIOR COURT OF THE STATE OF CALIFORNIA. COUNTY OF FRESN

Plaintiff's Claim and Order to Go to Small Claims Court Over $1,500 to $...

Plaintiff's Claim and Order cmd to Go to Small Claims Court Notice to the person being Sued: Filed SEP 2 5 2019 ¢ You are the Defendant if your name is listed in @) on page 2 of this form. ROS A JUNGUETRG, CLERK =—. ‘The person suing you is the Plaintiff, listed in @) on page 2. ‘ nik Ox e 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. 4 v; « — If you lose, the court can order that your wages, money, or property

Plaintiff's Claim greater than 12 within previous 12 months filed by Apo...

; Plaintiff's Claim and Order SUPER OR CouRT ea to Go to Small Claims Court _ Notice to the person being Sued: i619 SEP 25. AM (0: 08 + You are the Defendant if your name is listed in @) on page 2 of this form. ROS! JUNO UVEIRO. CLERK - The person suing you is the Plaintiff, listed in @) on page 2. x * You and the Plaintiff must go to court on the trial date listed below. If you DEPUTY —— do not go to court, you may lose the case. . + Ifyou lose, the court can order that your wages, money, or p

Declaration of Due Diligence filed by C B Merchant Services.

wo ‘ & wld [Attornes or Parks withowa Attorney: For Court Use Only BRUCE E. RAMSEY. ATTORNEY AT LAW, Bar #135348 1124 |ITH STREET FILED MODESTO. CA 95354 SUPERIOR Court Fetephone No: 209-529-7777 WH SEP 25. PH hs 93 Ref. No or File No ‘OS¢ SURG tuorney for: Plaintiff insert name of Court, and Judicial District and Branch Court: SAN JOAQUIN COUNTY SUPERIOR COURT. STOCKTON BRANCH Plannif: C B MERCHANT SERVICES Defendam: ANA COVARRUBIAS AFFIDAVIT OF Hearing Date: Tine: DepiDiv:

Plaintiff's Claim and Order to Go to Small Claims Court $1,500 or less f...

Plaintiff's Claim and Order Saemle to.Go to Small Claims Court Notice to the person being Sued: § lotice to the person being Suet ‘ied EP 2 5 2019 « You are the Defendant if your name is listed in @ on page 2 of this form. Pas CTUNOUERO, CLERK —_——_— The person suing you is the Plaintiff, listed in @ on page 2. Or « You and the Plaintiff must go to court on the trial date listed below. If you ‘ 4 do not go to court, you may lose the case. * — Ifyou lose, the court can order that your wages,

AUTO ACCIDENT CLAIM OF PLAINTIFF FOR $2,600.00 FILED BY HUANG, WEIJIE AS...

SC-1 00 Plaintiff's Claim and ORDER Clerk stamps date here when form is filed. Notice to the person being sued: . Aviso al Demandado: COUNTY OF SAN FRANCISCO ~ otros bienes para pagar este reclamo. BEAL AK wv to Go to Smail Claims Court You are the defendant if your name is listed in @ on page 2 of this form. redhat, Ee _ a The person suing you is the plaintiff, listed [email protected] on page 2. perior Court You and the plaintiff must go to court on the trial date listed below. If you CLER SEP

MONEY CLAIM OF PLAINTIFF FOR $8,800.00 FILED BY KIM, STACY AS TO DEFENDA...

Youu [ime 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, receipts, and any evide

Opposition to Request for Pre-Trial Discovery filed - Forwarded to Dept....

ATTORNEY OR PARTY WITHOUT ATTORNEY (Nome, store bar number, and address): FOR COURT USE ONLY Benjamin Tryk, Esq. (253299) TRYK LAW, P.C. CA 7050 N. Fresno Street, Suite 210, Fresno 93720 TELEPHONE NO: (559) 840-3240 FAX NO: (888) 528-5570 AWORNEY FOR (Nome): Plaintiff, JAIME C, FERNANDEZ SUPERIOR COURT OF CALIFORNIA ' COUNTY OF FRE

Plaintiff's Claim and Order to Go to Small Claims Court Over $1,500 to $...

SC-100 Plaintiff's Claim and Order SEP 2 5 2019 to Go to Small Claims Court Fed _ . a Notice to the person being Sued: ROSA JUNGUEIRG, CLERK ¢ 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 Jose, the court can order that your wages, money, or property be taken to pay this cl

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT LYFT INC'S ...

1 WARREN METLITZKY (CA Bar No. 220758) GABRIELA KIPNIS (CA Bar No. 284965) 2 ELECTRONICALLY WILLIAM J. COOPER (CA Bar No. 304524) COURTNEY C. AASEN (CA Bar No. 307404) F I L E D 3 CONRAD & METLITZKY LLP

Plaintiff's Claim and Order to Go to Small Claims Court Over $1,500 to $...

Plaintiff's Claim and Order SMU 0 Go to small Claims Court SEP 2 & ont Notice to the person being Sued: Filed 2019) ) ¢ You are the Defendant if your name is listed in @ on page 2 of this form. RGSA JUNQUERO, CLERK The person suing you is the Plaintiff, listed in @) on page 2. . e You and the Plaintiff must go to court on the trial date listed below. If you By do not go to court, you may lose the case. . . D © — Ifyou lose, the court can order that your wages, money, or property be taken to p

SUBPOENA RETURNED AND FILED PROOF OF SERVICE AND NOTICE TO CONSUMER FILE...

: . $C-107 Superior Court Small Claims Name and adcess OME 409 McAllister Street, Room 103 San Francisco, CA 94102 SMALL CLAIMS CASE NO. CSM 19-860419 PLAINTIFF/DEMANDANTE (Neme, address, and telephone ‘number of each): DEFENDANT/DEMANDADO (Name, address, and telephone number of each): Samuel Plainfield ey of ar David Wayne Fermino 3511 Sanford Street e i LL yi » 9 148 Lundys Lane Concord, CA 94520 San ranciseo County Spe + "qan Francisco, CA 94110 Tetepnone wo: (415) 713-4567 SE

Plaintiff's Claim and Order to Go to Small Claims Court $1,500 or less f...

Plaintiff's Claim and Order SAME 10 Go to Small Claims Court SEP 2 5 ong Notice to the person being Sued: ed " § Timea * You are the Defendant if your name is listed in @) on page 2 of this form. PSA JUNQUEIRO, CLERK ‘The person suing you is the Plaintiff, listed in @) on page 2. B KD . XD . * 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. DEPUTY * — Ifyou lose, the court can order that your wages, money, or property be

Plaintiff's Claim and Order to Go to Small Claims Court Over $1,500 to $...

Plaintiff's Claim and Order to Go to Small Claims Court Notice to the person being Sued: Fieg SEP 2 5 2019 * 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. ROSA SUNQUEIRO, CLERK OF * 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. By : « — Ifyou lose, the court can order that your wages, money, or property be : . _ DEPUTY taken t

MONEY CLAIM OF PLAINTIFF FOR $8,800.00 FILED BY KIM, STACY AS TO DEFENDA...

Youu [ime 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, receipts, and any evide

MONEY CLAIM OF PLAINTIFF FOR $10,000.00 FILED BY WEBB, PATSY L AS TO DEF...

SC- 00 Plaintiff's Claim and ORDER Clerk stamps date here when form is filed. : to Go to Smail Claims Court Notice to the person being sued: Aviso al Demandado: COUNTY OF SAN FRANCISCO. + Usted es el Demandado si su nombre figura en (2)de la pagina 2 de este ‘ SAN FRANCISCO, Ca sat02 formulario. La persona que lo demanda es el Demandante, Ja que figura en ‘ @) de la pagina 2. Court fills in case number when form is filed. + Usted y el Demandante tienen que presentarse en la corte.en la

MONEY CLAIM OF PLAINTIFF FOR $461.00 FILED BY MONCAYO, NATALIE DABUET, J...

Jom | 0 I Plaintiff's Claim and ORDER Tans dale har ii Ease: Go to Small Ciaims Court i a oe Notice to the person being sued: an Francisco County Superior Court Aviso al Demandado: COUNTY OF SAN FRANCISCO + Usted es el Demandado si su nombre figura en @de la pagina 2 de este SANFRANGISCS, ene 402 formulario. La persona que lo demanda es el Demandante, Ja que figura en @ de la pagina 2. Court fills in case number when form Is filed. « Usted y el Demandante tienen que presentarse en la c

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