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A Declaration for Subpoena Duces Tecum is a form. This according to law, should be signed under penalty of perjury by a person who requests a subpoena duces tecum. The Declaration should also include the hearing party's written explanation as to why the requested evidence is necessary and relevant.
How to Respond to a Third-Party Subpoena for DocumentsConsider Engaging an Attorney.Businesses: Notify Anyone Else of Importance.Identify all individuals who have responsive documents.Instruct individuals on how to search for and collect documents.Comply with the subpoena and provide the requested documents.More items...
Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration (SUBP-002)
A subpoena may be served at any place within the State. Proof of service when necessary shall be made by filing with the clerk of the court by which the subpoena is issued a statement of the date and manner of service and of the names of the persons served, certified by the person who made the service.
For a subpoena duces tecum in a criminal action, the response must be provided five (5) days after receipt of the subpoena or within the time agreed upon by the party serving the subpoena and the custodian of records or witness.
What information should be provided in the SUBP-002 form?Name and address of the party.Name and address of the court.Name of the plaintiff/petitioner.Name of the defendant/respondent.Date, time and address of the court hearing.Date the Subpoena was issued.Signature of the person who issued the Subpoena.
Filing with Court Defined.The clerk shall not refuse to accept any paper presented for filing solely because it is not presented in proper form as required by these rules or any local rules or practices.
They can be served by: Personal delivery: by handing a copy of the summons to you, or by leaving it at your last known address or your place of work, or with your spouse, child or another relative.
Process may be served within the state, by the sheriff of the county where the service is made, or by the under sheriff or deputy, or, at the request of the party causing same to be issued, by any other person of the age of majority, not a party to the action, appointed for such purpose by the clerk. Rule 4.
A sample custodian of records declaration that the recipient of a business records subpoena must produce in an unlimited civil action or proceeding in California superior court.