Issuing Subpoena In California

Summary

To issue a subpoena in California, determine if its for documents (Subpoena Duces Tecum) or testimony (Subpoena Ad Testificandum). Use Judicial Council forms SUBP-001 for personal appearance or SUBP-002 for records. Serve the subpoena through a non-party over 18 and file proof of service with the court.

Full Conversation

subpoena
Hey Tony! Could you let me know if you received a subpoena as a witness, for documents, or as a party in a legal case? This will help me give you more specific information.
i am issuing a subpoena
Got it, Tony. Here are some general steps for issuing a subpoena in California:
- Determine the type of subpoena: Identify if it's for documents (Subpoena Duces Tecum) or for testimony (Subpoena Ad Testificandum).
- Fill out the appropriate form: Use Judicial Council forms like SUBP-* for personal appearance or SUBP-* for records.
- Serve the subpoena: Deliver it to the person or entity being subpoenaed. This usually must be done by a non-party who is at least 18 years old.
- File Proof of Service: Submit proof that the subpoena was properly served to the court.
Do you know which type of subpoena you need to issue, or do you need more details on the forms?
nope
Alright, Tony. Here’s a bit more detail:
- Subpoena for Documents (Subpoena Duces Tecum): Use form SUBP-*.
- Subpoena for Testimony (Subpoena Ad Testificandum): Use form SUBP-*.
Do you need help understanding the requirements for serving the subpoena?