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In California, when issuing a subpoena duces...

Resolved • Response time 5 minutes

22 Jan 2022

In California, when issuing a subpoena duces tecum upon the police for production of documents, do you have to wait 10 days after mailing the notice to consumer before a subpoena d/t can be issued?Or can they both be served on the same day so long as the notice to consumer is served 10 days before the date for production?I am looking at CCP 1985.3(b). The language says notice to consumer must be served prior to the date of production of the records.
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22 Jan 2022

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Lawyer's response
22 Jan 2022
Elizabeth
Elizabeth
Law Clerk II

Welcome and thank you for using Just Answer. My name is ***** ***** I'm the attorney who will be assisting wit our legal question. So I can best help, you've already got your subpoena from the clerk of the court?

22 Jan 2022
Customer reply
22 Jan 2022
The clerk’s seal is already on the downloaded form
22 Jan 2022
Lawyer's response
22 Jan 2022
Elizabeth
Elizabeth
Law Clerk II

Excellent, the notice goes on top under 1985.3 it all has to be 10 days before the date the documents are due.

22 Jan 2022
Customer reply
22 Jan 2022
can I serve them both at same time? A deposition officer company told me I must wait 10 days to serve the subpoena d/t after the notice to consumer is mailed out
22 Jan 2022
Lawyer's response
22 Jan 2022
Elizabeth
Elizabeth
Law Clerk II

Yup, the law specifically states:

  • Prior to the date called for in the subpoena duces tecum for the production of personal records, the subpoenaing party shall serve or cause to be served on the consumer whose records are being sought a copy of the subpoena duces tecum, of the affidavit supporting the issuance of the subpoena, if any, and of the notice described in subdivision (e), and proof of service as indicated in paragraph (1) of subdivision (c). This service shall be made as follows:
22 Jan 2022
Customer reply
22 Jan 2022
No 10 day window needs to be allotted to opposing party for an objection BEFORE I issue subpoena d/t?
22 Jan 2022
Lawyer's response
22 Jan 2022
Elizabeth
Elizabeth
Law Clerk II

No, just they have to have 10 days before the documents are due.

22 Jan 2022
Customer reply
22 Jan 2022
if for example, a subpoena d/t is issued today for records to be produced in 25 days, and a notice to consumer is attached to said subpoena, would the subpoenaing party need to do anything else to obtain the sought records?
22 Jan 2022
Customer reply
22 Jan 2022
Take any further action?
22 Jan 2022
Lawyer's response
22 Jan 2022
Elizabeth
Elizabeth
Law Clerk II

Have it served sometime before day 15.

22 Jan 2022
Customer reply
22 Jan 2022
Ok. Thank you
22 Jan 2022
Lawyer's response
22 Jan 2022
Elizabeth
Elizabeth

You're welcome.

Customer rating:
Elizabeth
Elizabeth
Law Clerk II
Avg. question only $36
Expert
22 Jan 2022
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