Civil Subpoenas

A civil subpoena in California is a legal document that commands a person to appear and testify or produce documents, records, or other evidence for a civil lawsuit. Subpoenas are for non-parties, meaning not a plaintiff or defendant in the lawsuit.

Types of Subpoenas

For Personal Appearance: This type requires a person to testify as a witness at a deposition or trial.
Subpoena Duces Tecum: This requires a person or organization to produce documents, records, or tangible evidence relevant to the case.

Key Elements

Issuance: Subpoenas can be issued by the court or, in some cases, by an attorney involved in the case.
Service: The subpoena must be served to the person or entity named in it. This is usually done in person.
Notice: The party serving the subpoena generally must notify the other parties in the lawsuit, providing them with a copy of the subpoena.
Compliance: The recipient of the subpoena is legally obligated to comply, either by appearing in court or providing the requested documents by the specified deadline.

Rights and Protections

Objections: The recipient of a subpoena can object to it for various reasons, for example, if they believe it is unreasonable, overly broad, or seeks privileged information. This typically requires filing a motion to quash or modify the subpoena in court.
Fees: If a subpoena requires a witness to testify, they may be entitled to witness fees and reimbursement for travel expenses.
Enforcement: If a person fails to comply with a subpoena, the court may hold them in contempt, which can result in penalties or sanctions.

Purpose

Civil subpoenas are used to gather evidence, secure witness testimony, and ensure that all relevant information is available for the court to make an informed decision in a civil case.

Conclusion