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

101-125 of 10000 results

MONEY CLAIM OF PLAINTIFF FOR $9,650.94 FILED BY OLIVEIRA, RODRIGO TAVORA...

YS YEE Plaintifi's Claim and ORDER | lo stamps date hare when om sod to Go to Small Claims Court Notice to the person being sued: SMALL CLAIMS * You are the defendant if your name is listed in @ on page 2 of this form. ‘Supefior Cour of California The person suing you is the plaintiff, listed in (1) on page 2. Posen Sm Eranrtenn * You and the plaintiff must go to court on the trial date listed below. If you NOV 13 2020 do not go to court, you may lose the case. , CLERIW UF ...

Notice of Motion & Motion FOR LEAVE TO FILE CROSS-COMPLAINT IN CASE CV-1...

FREEMAN MATHIS & GARY, LLP PAUL A. BIGLEY / Bar No. KENNETH H. CORONEL / Bar No. 44 Montgomery Street Suite 3580 San Francisco, California 94104 (415) 627 9000; FAX: (213) 615 Mailing Address: 550 South Hope Street, 22nd Floor Los Angeles, California 90071 ...

Notice of Motion & Motion FOR LEAVE TO FILE CROSS-COMPLAINT IN CV-20-000...

FREEMAN MATHIS & GARY, LLP PAUL A. BIGLEY / Bar No. KENNETH H. CORONEL / Bar No. 44 Montgomery Street, Suite 3580 San Francisco, California 94104 (415) 627 9000; FAX: (213) 615 Mailing Address: 550 South Hope Street, 22nd Floor Los Angeles, California 90071 ...

Plaintiff's Claim & Order to Defendant

sc = 00 , Plaintiff's Claim and ORDER . Clerk stamps date here when form is filed. to Go to Small Claims Court : . ric Notice to the person being sued: . FILED * You are the defendant if your name is listed in @ on page 2 of this form. ag HOY 13 PM 1216 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 ci 8 OFT HE SUP ERIOR pours do not go to court, you may lose the case. 8 * Ifyou lose, ...

MONEY CLAIM OF PLAINTIFF FOR $9,043.34 FILED BY BERMAN, ADAM AS TO DEFEN...

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(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, receip...

Notice of Entry of Judgment

Name and Address of Court: Turlock Division 300 Starr Avenue Turlock, CA 95380 SMALL CLAIMS CASE NO.:SC-20-000914 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the c...

Plaintiffs Claim & Order to Defendant - Plaintiff's Claim & Order to Def...

Plaintiff's Claim and ORDER aa 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 @) 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 evidence ...

MONEY CLAIM OF PLAINTIFF FOR $7,944.00 FILED BY SIROIS, RACHEL AS TO DEF...

Plaintiff's Claim and ORDER to Go to Small Claims Court Clerk stamps date here when form is filed. 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 ...

Plaintiffs Claim & Order to Defendant - Plaintiff's Claim & Order to Def...

Plaintiff's Claim and ORDER SC-100 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 @ 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 an...

MONEY CLAIM OF PLAINTIFF FOR $10,000.00 FILED BY KIRBY, MICHELLE LIM, TI...

Plaintiff's Claim and ORDER cama 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 an...

MONEY CLAIM OF PLAINTIFF FOR $10,000.00 FILED BY DUEBER, NICHOLAS AS TO ...

es . ff Claim and ORDER Clerk stamps date here when form fled - to Go to Small Claims Court _ SMALL CLAIMS. 3 * ‘San Francisco:County Superior.Court ‘on page 2 of this form. on-page 2. If you lose, thé court can.order that your wages, money, or Property be taken to pay this claim. © 2 _ , Fill in court name and street address: Superior Court of California,.Cor and to protect your rights. Aviso.al-Demandado: mes * Usted’es el Demand...

Opp to Request for Pretrial - Opposition to Request for Pre-Trial Discov...

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): . FOR COURT USE ONLY OMID KHORSHIDI, ESQ., Bar No. 220799 KHORSHIDI LAW FIRM, APC 8822 W. Olympic Bivd., Beverly Hills, California 90211 TELEPHONE NO: (310) 273-2211 FAX NO: (310) 273-2240 ATTORNEY FOR (Name): Plaintiffs SUPERIOR COURT OF CALIFORNIA * COUNTY OF FRESNO Civil Division 1130 O Street Fresno, California 93721-2220 PLAINTIFF/PETITIONER: Ricardo Adame Flores, et al. OEFENDANT/RESPONDENT: Four Se...

Notice of Entry of Judgment

Name and Address of Court: Turlock Division 300 Starr Avenue Turlock, CA 95380 SMALL CLAIMS CASE NO.:SC-20-001024 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the c...

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address FOR COURT USE ONLY Rodney C. Haron, Esq. (SBN: 061423) RODNEY C. HARON, A PROFESSIONAL CORPORATION 1617 West Shaw Avenue, Suite B, Fresno, California93711 TELEPHONE NO: (559) 441-1421 FAX NO: (559) 441-1911 ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA • COUNTY OF FRESNO ...

Motion to Compel 11/12/2020 - Motion to Compel

Superior Court of California County of Kern Bakersfield Department 11 Hearing Date: 11/12/2020 RICHARDS VS WEST HEALTHCARE SOLUTIONS, INC. BCV-18-101461 Honorable: David R. Lampe Clerk: ...

MONEY CLAIM OF PLAINTIFF FOR $6,411.67 FILED BY BERMAN, ADAM AS TO DEFEN...

Plaintiff's Claim and ORDER Sea to Go to Smail 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. * If you 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 $923.00 FILED BY KANBERG, JOHN AS TO DEFEND...

Plaintifr's Claim and ORDER ; ala 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 a...

Motion to Compel 11/12/2020 - Motion to Compel

Superior Court of California County of Kern Bakersfield Department 11 Hearing Date: 11/12/2020 RICHARDS VS WEST HEALTHCARE SOLUTIONS, INC. BCV-18-101461 Honorable: David R. Lampe Clerk: ...

Declaration Support -

11/12/2020 David F. Myers, Esq. (SBN 1 WOLKIN · CURRAN, LLP 111 Maiden Lane, 6 Floor San Francisco, California 941 Telephone: (415) 982 [email protected] Attorneys for Plaintiff SURETEC INSURANCE COMPANY ...

Notice of Entry of Judgment

Name and Address of Court: Turlock Division 300 Starr Avenue Turlock, CA 95380 SMALL CLAIMS CASE NO.:SC-20-000966 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the c...

Memorandum Points & Authorities -

11/10/2020 Facsimile: 603-334-7071 Motion Date: November 12, 2020 Motion Time: 8:00 am Complaint Filed: ...

Stipulation -

1 LAWRENCE D. MILLER, SBN 77448 LAW OFFICE OF LAWRENCE D. MILLER 2 Post Office Box 6 1 0 7 11/10/2020 San Mateo, CA 94403 3 Telephone: (650) 592-9151 4 lmil [email protected] 5 Attorney for Defe...

Case Management Statement - Case Management Conference Statement

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). FOR COURT USE ONLY | Brian Yakura, Esq. 134716 Stratman, Schwartz & Williams-Abrego PO Box 258829 Oklahoma City, OK 73125-8829 TELEPHONE NO. (559) 288-1206 FAX NO, (Optional) E-MAIL ADDRESS (Optiona)- brian. [email protected] Defendants, Sukhjinder Randhawa and Maninder ATTORNEY FOR (Name): A ah awe, SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS street appress: “City Towers-4th-Floor MAIL...

Opposition -

1 A PROFESSIONAL CORPORATION 2 Martin N. Jensen, SBN 232231 11/09/2020 3 Joceline M. Herman, SBN 310897 350 University Ave., Suite 200 4 Sacramento, California 95825 TEL: 916.929.1481 5 FAX: 916.927.3706 6 Attorneys for Plaintiff ...

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