Civil Subpoena For Personal Appearance At Trial Or Hearing {SUBP-001}

I. WHAT IS A SUBPOENA? • A subpoena is a court order even though it can be signed by an attorney. - Does not require a signature by a judge or clerk. • A subpoena compels an individual or business entity, which is not a party in the case, to do something in connection with a lawsuit: (1) Appear at a hearing, trial or deposition; (2) Produce documents; OR (3) Both. II. TYPES OF SUBPOENAS There are five different types of subpoenas: 1. Civil Subpoena for Personal Appearance at Trial or Hearing 2. Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing 3. Deposition Subpoena for Personal Appearance 4. Deposition Subpoena for Production of Business Records 5. Deposition Subpoena for Personal Appearance and Production of Documents and Things III. WHO CAN ISSUE A SUBPOENA ? Only a party in the lawsuit can issue a subpoena. Always confirm the subpoena contains the following information (top box area): 1. Attorney name and address 2. Court name and address 3. Names of Plaintiff and Defendant 4. Case number IV. PROPER SERVICE OF A SUBPOENA • Only one way – personal delivery. (CCP §1987(a).) • Faxes are not acceptable. • You may designate authority for someone to receive on your behalf. For example, a law firm may receive on behalf of a client if given authority to do so and communicated to person serving subpoena. • Should be delivered to either: (1) The person named (2) If an entity is named, an officer, director, custodian of records, or any authorized employee may accept the service (3) There is a special rule for public employees – an immediate supervisor can be served with two copies (Govt Code §68097.1.) V. TIME TO RESPOND • If the subpoena is for a personal appearance, you must be given a “reasonable time” to comply. (CCP §2020.220(a).) • Courts have held that “reasonable” is approximately 10 calendar days. • This applies to subpoenas for either an appearance or an appearance with the production of records. • If subpoena is for “business records” only – it must be given at least 15 calendar days to produce. (CCP §2020.410(c).) • Additional time may be required when personal records are sought. Such records include employment records, financial records and student records. Additional notice to the person whose records are requested will be required. Always verify that such notice was given by the attorney who issued the subpoena (see section on Notice to Consumer for more information) before producing documents. 1. Fill out your Subpoena. Fill out a Civil Subpoena (Form SUBP-001). Write in the full and correct name of the other party or witness. If you also want him or her to bring papers to the hearing (or trial), use the Civil Supoena (Duces Tecum) (Form SUBP-002) and describe exactly what papers they must to bring to the hearing (or trial). 2. Take the Subpoena to the clerk to have it issued. The clerk will look at the Subpoena and may ask you a few questions. The clerk will then issue, sign and stamp your Subpoena "Filed.” 3. Make copies of your filed Subpoena. Make at least 2 copies of the Subpoena. One for you and another for the other party or witness. 4. Serve the Subpoena. Serve a copy of the Civil Subpoena on the person you want to come to court. It must be served within a “reasonable time” in order for the other person to be able to travel to the hearing (or trial). Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail). 5. Fill out Page 3 of the original Civil Subpoena. Have the person who served the Subpoena fill out the page and sign at the bottom of page 3. 6. Return the Subpoena to the clerk before your hearing (or trial).