Form Subp-002 - Civil Subpoena For Personal Appearance
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3SUBP-002
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
To keep other people from
seeing what you entered on
TELEPHONE NO.:
your form, please press the
FAX NO.:
E-MAIL ADDRESS:
Clear This Form button at the
ATTORNEY FOR (Name):
end of the form when finished.
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/ PETITIONER:
DEFENDANT/ RESPONDENT:
CASE NUMBER:
CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and
Production of Documents, Electronically Stored Information, and Things at
Trial or Hearing and DECLARATION
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of witness, if known):
1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date, time, and place shown in the box below
UNLESS your appearance is excused as indicated in box 3b below or you make an agreement with the person named in
item 4 below.
a. Date:
Time:
Dept.:
Div.:
Room:
b. Address:
2. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS
UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS
BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR
EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE
RECORDS.
3. YOU ARE (item a or b must be checked):
a.
Ordered to appear in person and to produce the records described in the declaration on page two or the attached
declaration or affidavit. The personal attendance of the custodian or other qualified witness and the production of the
original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and
1562 will not be deemed sufficient compliance with this subpoena.
b.
Not required to appear in person if you produce (i) the records described in the declaration on page two or the attached
declaration or affidavit and (ii) a completed declaration of custodian of records in compliance with Evidence Code sections
1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope (or other wrapper). Enclose the original
declaration of the custodian with the records. Seal the envelope. (2) Attach a copy of this subpoena to the envelope or
write on the envelope the case name and number; your name; and the date, time, and place from item 1 in the box above.
(3) Place this first envelope in an outer envelope, seal it, and mail it to the clerk of the court at the address in item 1.
(4) Mail a copy of your declaration to the attorney or party listed at the top of this form.
4. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE YOU ARE TO APPEAR, OR IF YOU WANT TO BE CERTAIN
THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE
TO APPEAR:
a. Name of subpoenaing party or attorney:
b. Telephone number:
5. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them
at the time of service. You may request them before your scheduled appearance from the person named in item 4.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued:
(TYPE OR PRINT NAME)
(SIGNATURE OF PERSON ISSUING SUBPOENA)
(TITLE)
(Declaration in support of subpoena on reverse)
Page 1 of 3
CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and
Form Adopted for Mandatory Use
Code of Civil Procedure,
Judicial Council of California
§ 1985 et seq.
Production of Documents, Electronically Stored Information, and Things at
SUBP-002 [Rev. January 1, 2012]
Trial or Hearing and DECLARATION
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