California Subpoena for Documents to a Nonparty

State:
Multi-State
Control #:
US-PI-0315
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample subpoena seeking documents, served upon a non-party to the action.
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How to fill out Subpoena For Documents To A Nonparty?

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FAQ

If a third party who has received a subpoena wishes to challenge its enforceability or validity, they have several options. 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.

Subpoenas Note: These instructions only apply when you are subpoenaing a party or a non-party witness to testify and/or bring documents to court. ... Take a blank Subpoena to the clerk to have it issued. Fill out the Subpoena. Make copies of your issued Subpoena. Serve the Subpoena.

Deposition Subpoena for Personal Appearance and Production of Documents and Things (SUBP-020) Orders a person who is not a party to a case to appear and testify at a deposition (give testimony outside of the court), and bring with them specific documents or things.

Now, you're in luck if you've ever asked ?Can a party object to a third-party subpoena in California?? Because yes ? yes they can. Even better, there are a variety of different grounds that can result in such a request being approved.

In the case of a subpoena duces tecum which requires appearance and the production of matters and things at the taking of a deposition, the subpoena shall not be valid unless a copy of the affidavit upon which the subpoena is based and the designation of the materials to be produced, as set forth in the subpoena, is ...

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.

Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.

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California Subpoena for Documents to a Nonparty