Santa Ana California Deposition Subpoena for Personal Appearance and Production of Documents and Things

State:
California
City:
Santa Ana
Control #:
CA-SUBP-020
Format:
PDF
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Description

Deposition Subpoena for Personal Appearance and Production of Documents and Things: A Subpoena is issed by the court as an order to appear, in this case, for a deposition, and to produce certain documents. The Subpoena further states the consequences of deciding to not be present after receiving this mandate.

A deposition subpoena for personal appearance and production of documents and things in Santa Ana, California, is a legal document issued by a party in a lawsuit to compel the attendance and testimony of a witness. In addition to testifying, the subpoena also requires the witness to bring specific documents, records, or physical evidence related to the case. This subpoena is an essential tool in the discovery process for attorneys to gather evidence. The Santa Ana California Deposition Subpoena for Personal Appearance and Production of Documents and Things may vary based on specific circumstances. Here are some types of variations that may exist: 1. Civil Case Deposition Subpoena: This type of subpoena is used in civil cases where a party wants to obtain testimony and documents related to a specific legal matter. It could be related to a personal injury claim, contract dispute, or any other civil litigation matter in Santa Ana, California. 2. Criminal Case Deposition Subpoena: This type of subpoena is issued in criminal cases when the defense or prosecution requires a witness to attend a deposition and produce relevant documents or physical evidence. These can be crucial in building a defense strategy or presenting evidence against the accused. 3. Expert Witness Deposition Subpoena: In certain cases, parties may need to depose an expert witness to gain insight into complex issues. This type of subpoena specifically targets expert witnesses, who may be individuals with specialized knowledge or qualifications in a particular field. 4. Medical Records Deposition Subpoena: In personal injury or medical malpractice cases, a party may need to obtain medical records to support their claim. A subpoena can be used to compel medical facilities, doctors, or other healthcare providers to produce these records during the deposition. 5. Business Records Deposition Subpoena: If a legal matter involves business transactions, contracts, or financial documents, a deposition subpoena may be used to compel a specific individual or company to produce relevant records during the deposition. When a Santa Ana California Deposition Subpoena for Personal Appearance and Production of Documents and Things is issued, it must comply with California's rules and procedures. The subpoena should contain the names of the parties involved, the case type, the scheduled deposition date, and the requests for documents or things to be produced. It is crucial to serve the subpoena following the proper legal procedures to ensure its validity and enforceability. Compliance with subpoenas is compulsory, and failure to appear or produce requested documents can result in legal consequences.

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FAQ

Once an attorney requests a subpoena, it must be personally served on the subpoenaed party by someone who is over the age of 18 and not a party to the action. Proper service of process cannot be effectuated by mailing the subpoena under California State law.

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).)

Prior notice of any commanded production of documents and things or inspection of premises or the appearance of a witness in discovery or pretrial proceedings shall be served on each party in the manner prescribed by Rule 5(b) at least 14 days Page 2 prior to the response date set forth in the subpoena.

A photocopy of both the subpoena and the notice of taking of deposition must be served all attorneys or self-represented parties in the case (CCP § 2025.240). Service may be completed by mail, by a person over the age of 18 who is not a party to the case.

The party must bring a subpoena form (AO-88, AO-88A or AO-088B) and be prepared to provide the case name and case number. The clerk will issue a subpoena, signed but otherwise in blank, to the requesting party. The party must complete the subpoena before service.

If deposing a non-party witness A photocopy of both the subpoena and the notice of taking of deposition must be served all attorneys or self-represented parties in the case (CCP § 2025.240). Service may be completed by mail, by a person over the age of 18 who is not a party to the case.

You can serve the subpoena yourself or have someone else serve it for you. Although any person can serve a subpoena, it is best to have it served by someone 18 or older. Serve one of the copies without the court seal to the witness at least 10 days before your court date.

Serve a copy of the Civil Subpoena on the person you want to come to court. It must be served within a ?reasonable time? in order for the other person to be able to travel to the hearing (or trial). Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail).

If the person or entity being served is avoiding service, the process server may be able to serve them by substituted service. This means that the subpoena can be left with a responsible person at their home or place of business, or it can be mailed to their last known address.

(3) Any party or attorney of record may be physically present at the deposition at the location of the deponent with written notice of such appearance served by personal delivery, email, or fax, at least five court days before the deposition, and subject to Code of Civil Procedure section 2025.420.

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Santa Ana California Deposition Subpoena for Personal Appearance and Production of Documents and Things