METHOD TO ISSUE OUT OF STATE SUBPOENAS



METHOD TO ISSUE OUTGETTING BUSINESS RECORDS IN CALIFORNIA FOR OOUT-OF STATE SUBPOENASLAWSUITS

1. Receive from the ordering party:

a. Check made out to the clerk of the superior court for the filing fee (determine from clerk the exact amount of the filing fee);

b. Certified copy of Commission by out-of-state court;

c. Declaration of Attorney requesting the records;

d. Signed Notice to Consumer[1] Form can be obtained from the internet at

e. Check to copy serve for charge for service and copying.

2. Prepare documents. Fill in the blanks on (leave case number blank):

a. Civil Case Cover Sheet[2]

b. Deposition Subpoena[3] (except for date for production)

3. At the clerk’s office of the Superior Court:

a. Insert the date for production of the records on the Deposition Subpoena. The production date must be at least 30 days after the issuance date[4]. The Notice to Consumer must be served 15 days[5] before the custodian of records can be served and the production date must be 15 days after the custodian of records is served.

b. File with the clerk of the Superior Court:

i. Civil Case Cover Sheet The clerk will assign a case number (a “miscellaneous” case number is assigned)[6].;

ii. Court filing fee;

iii. File with Court the following documents:

iv. Certified copy of Commission[7] by the issuing Sout-of-state cCourt (supplied by out-of-state attorney). This is file stamped and initialed by the clerk. The clerk keeps the original. Obtained a conformed copy.

v. Civil Case Cover Sheet

vi. Proposed Deposition Subpoena(s) for Production of Business Records with Proof of Service (Form L835 revised 01/03)

vii. Notice to Consumer or Employee

viii. Declaration of Attorney for Moving Party (supplied by out-of-state attorney). Attorney service to keep a copy.

ix. Copy of Deposition Subpoena to be issued.

c. Have clerk issue the Deposition Subpoena.

i. The clerk date stamps, stamps case number, signs and puts the seal on the original of the Deposition Subpoena for Production of Business Records[8]. The original Deposition Subpoena is not filed. The clerk will return it.

4. Get a case number for the file from the CA court

5. Get clerk’s signature and court stamp on Subpoenas

6.

7. Serve by mail the Notice to Consumer and a copy of the Deposition Subpoena on the Consumer. This must be mailed at least 30 days before the production date specified on the Deposition Subpoena. Service on the consumer must be 15 days before service on the custodian of records.[9] If the consumer is a party to the lawsuit the Notice to Consumer is to be served upon the attorney representing the consumer.[10] Service can be by first-class mail or registered mail to the consumer’s last known address or to the attorney for the consumer. TServe or mail he following documents are served:

a. Notice to Consumer with completed proof of service[11];

b. Copy of the Deposition Subpoena [12];

c. Notice to Consumer to Opposing Party, with the Proposed Deposition Subpoena(s), Declaration of Attorney for Moving Party and Proof of Service for the Notice

d. Wait 15 days then personally

8. serve the Custodian of Records. If the Notice and documents in #4 were personally served, tThe Deposition Subpoenas may be served on the Deponentscustodian of records F15ive (5) days after Notice to Consumer was served mailedon Opposing Party; if Notice and documents were mailed in California, then Ten (10) days late. Serve the custodian of records:r, serve

a. Deposition Subpoenas, Proof of Service;,

b. Copy of Declaration in Support of Subpoena, along with Notice to Consumer with completed proof of service on the consumer. attached, by mail or in person on Deponents; if original Notice on Opposing Party is out of the State of California, serve the Subpoenas with attachments described above Fifteen (15) days after mailing the notice out of state. CCP 1013, CCP 1985.3(b)(3)

9. Wait 15 Days Then Copy the Records on the Deposition Date. The deposition date must be least 15 days after the custodian of records is served.

10. Serve the records on the ordering party along with the final billing statement.

Timeline diagram

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[1] Form 982(a)(15.5)

[2] Form CM-010

[3] Form 982(a)(15.2)

[4] 2020(d)(1) All reference numbers refer to the California Code of Civil Procedure (CCP)

[5] 1985.3(b)(3); 1013(a) 5 + 10 days if mailed to a consumer in another state; 5 + 5 if mailed to a consumer in California and 5 days if delivered to consumer whether in California or another state.

[6] Form CM-010

[7] Must be a court order from the other state. It can be a Mandate, Writ, Letters Rogatory, Commission or Notice of Deposition. 2029

[8] Form 982(a)(15.2); Some Superior Courts have pre-issued Deposition Subpoenas that are available on the web.

[9] 2020(d)(1)

[10] 1985.3(b)(1)

[11] CCP §1985.3(e); form 982(a)(15.5)

[12] 1985.3(b)

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File with court and serve consumer

File with court and serve consumer

Serve custodian of records

Production date

15 days

15 days

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