Contra Costa California Subpoena for Documents to a Nonparty

State:
Multi-State
County:
Contra Costa
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.

Contra Costa County in California provides guidelines for issuing a subpoena for documents to a nonparty, whether it be for civil or criminal cases. A subpoena is a legal document that demands the production of documents or information from a person or organization who is not directly involved in the case but possesses relevant information. In Contra Costa California, there are different types of subpoenas for documents to a nonparty, each catering to specific legal requirements. These may include: 1. Regular Subpoena for Documents: This standard type of subpoena is used to request the production of documents from a nonparty. It requires the nonparty to deliver the requested documents to the issuing party or their attorney at a specified location within a given time frame. 2. Ducks Cecum Subpoena for Documents: A duces tecum subpoena takes the regular subpoena a step further by not only demanding the presence of the nonparty to testify but also commanding them to produce specific documents. This is often used when the court requires specific information to be revealed prior to a hearing or trial. 3. Compliance Hearing Subpoena for Documents: In some instances, when a nonparty fails to comply with the initial subpoena for documents, an additional subpoena may be issued to mandate their appearance at a hearing. This subpoena would order the nonparty to appear and explain their failure to produce the requested documents. It aims to resolve any noncompliance issues and ensure that pertinent information is received. When serving a subpoena for documents to a nonparty, it is essential to follow the specific procedures outlined by Contra Costa California's court system. These may include correctly identifying all parties involved, providing a clear description of the requested documents, and adhering to the designated time frame for compliance. It is crucial to consult an attorney or review the official guidelines provided by the court to ensure all necessary steps are taken accurately. Note: The information provided is based on general knowledge and may not reflect the most up-to-date regulations. It is recommended to consult a legal professional or the official Contra Costa County website for the most current information on subpoena procedures.

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FAQ

Service by mail is permitted for all papers if the party to be served lives outside California. In these circumstances the mailing must be by Registered or Certified Mail and must have the Return Receipt Requested form attached and filled out.

"Serve" (give) the Subpoena to the person or business you are subpoenaing. Anyone, even you, can serve your Subpoena, but this must be done in person and NOT by mail. Serve a copy of the Subpoena - not the original one!

California Rule of Court 2.251 - Proof of electronic service (2) Proof of electronic service may be in electronic form and may be filed electronically with the court. (3) Under rule 3.1300(c), proof of service of the moving papers must be filed at least five court days before the hearing.

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.

The consumer/employee's deadline to object is 5 days before the production date. A non-party consumer/employee just needs to fill out the objection on Notice to Consumer or Employee and Page 5 saclaw.org Business Records Subpoena >>Home >>Law 101 5 saclaw.org/bus-rec-subpoena Objection (SUBP-025).

Serve the Subpoena. 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).

A party or other person may serve documents electronically directly, by an agent, or through a designated electronic filing service provider.

If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.

A subpoena is issued by the court and is served by the sheriff of the court. The attorney who requested the subpoena to be issued may also, as a courtesy, deliver a copy of the subpoena to you or make contact with you regarding the subpoena before the sheriff of the court delivers a copy to you.

More info

Items 1 - 7 — 202. (a) When a Defending Party May Bring in a Third Party.Daniel L. Berglund, in the arbitral forum, subpoenaed documents from nonparty Arthroscopic Laser Surgery Center, L.P. (ALSC). "Case document" means a document submitted to the Court or filed with the Clerk of Courts in a judicial action or proceeding, including exhibits. The serving party must file its motion to compel in the court where compliance is required. Instructions and Information. They would be electronically file cabinets, california per subpoena issued. Served With Subpoena for Bank Records What still Need them Know.

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Contra Costa California Subpoena for Documents to a Nonparty