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  1. Jul 1, 2007 · Order to Attend Court or Provide Documents: Subpoena/Subpoena Duces Tecum. (CR-125) States a court's decision that a person must appear in court on a certain date or provide the court with certain documents. Get form CR-125. Effective: July 1, 2007.

    • 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...

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  4. Form Adopted for Mandatory Use Judicial Council of California CR-125/JV-525 [Rev. December 2, 2016] Page 1 of 2 CASE NAME: ORDER TO ATTEND COURT OR PROVIDE DOCUMENTS: Subpoena/Subpoena Duces Tecum FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS ...

  5. Take a blank Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and DECLARATION ( form SUBP-002) to your court clerk's office. The clerk will issue the subpoena.

  6. To use a subpoena, you fill out a form and have the court clerk sign it. Then you serve this form, which officially orders the person to give you documents. Learn how to subpoena business records. You can use also use subpoenas to have the court order a person who is not involved in your case to:

  7. CITY AND ZIP CODE: BRANCH NAME: FOR COURT USE ONLY. CASE NAME: ORDER TO ATTEND COURT OR PROVIDE DOCUMENTS: Subpoena/Subpoena Duces Tecum. CASE NUMBER: You must attend court or provide to the court the documents listed below. Follow the orders checked in item 2 below.

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