Get Subp-025 Notice To Consumer Or Employee And Objection

Objections to the deposition notice (§ 2025.410(a).) The objection must be served on both the party noticing the deposition and all other parties on the proof of service at least 3 calendar days before the date of the deposition. (§ 2025.410(a) and (b).)

Give notice to a consumer or employee. If you need evidence that includes records of a customer (consumer) or an employee of the person or entity you are subpoenaing, you must notify them. Serve the notice at least 5 days before serving the witness, if personally served, or 10 days if serving by mail within California.

Within 15 days after the filing of the response, the petitioner may move to quash, in whole or in part, any request for affirmative relief in the response for the grounds set forth in (a).

§ 2020.410(c).) c. 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.

Objections: The other party may object to the notice. He or she must file and serve written objections within 5 days from when the date the Notice was served (or any other time ordered by the court) and state the reasons for the objections.

They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.

Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a contempt by the court issuing the subpoena.

Notice of a motion to quash or modify a subpoena duces tecum must be served on the witness and the deposition officer at least five (5) days before the date set for production of the subpoenaed records.