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SUBP-002 CIVIL SUBPOENA (DUCES TECUM) for ... - California Courts
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CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and DECLARATION. Code of Civil Procedure, § 1985 et seq. www.courts.ca.gov. PLAINTIFF/PETITIONER: CASE NUMBER: SUBP-002. DEFENDANT/RESPONDENT:
- When Is A Subpoena Duces Tecum Necessary?
- How Are They Served?
- What Do I Have to do?
- What Happens If I Do Not Comply?
A subpoena duces tecum (SDT)typically comes into play when the prosecutor needs documents or other evidence from you. First the prosecutor may ask you to sign an authorization form that releases the requested materials to them without getting the court involved.1 If you refuse, then the prosecutor will ask the court to issue an SDT forcing you to p...
After the court clerk issues a subpoena duces tecum, it must then be servedon you with proper judicial council forms by way of: 1. Hand-delivery(also known as personal service); 2. E-mailto your last known e-mail address; or, 3. Certified mail to a last known address.3 Service must occur in a timely manner to give you “reasonable time” to collect t...
As someone receiving a subpoena duces tecum, you are considered the “custodian of records.” Once you are served, you send the requested materials to thesuperior court judgepresiding over the case. In a process called an “in-camera hearing,” the judge then reviews the evidence and decides if the prosecutor is entitled to it.4 The materials will go b...
If you ignore a subpoena duces tecum, the prosecutor may ask the judge to issue a warrant for your arrest. In our experience, judges also punish refusals with contempt. According to California Penal Code 1331 PC: For the most part, contempt of court is a misdemeanor, punishable by: 1. Up to six months in county jail; and/or, 2. A maximum fine of $1...
Subpoena Duces Tecum in California. What Is a Subpoena Duces Tecum? “ [A] subpoena duces tecum may be served on a party to compel production of documents at trial.” ( Code of Civ. Proc., § 1985; Boal v. Price Waterhouse & Co. (1985) 165 Cal.App.3d 806, 810-811; Terry v. SLICO (2009) 175 Cal.App.4th 352, 95 Cal.Rptr.3d 900.) Legal Standard.
Trial: Civil Subpoena (Duces Tecum) (SUBP-002) If you need records from a party , don’t use this form To get records from a party , use a Request for Production (see our guide on Discovery: Request for Production of Documents and Things ).
