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The Subp 002 form, officially known as the Civil Subpoena (Duces Tecum), serves an important function within the legal system by requiring a witness to present information or documents during court proceedings. This subpoena is directed toward a specific witness and outlines clear instructions regarding their appearance in court, along with the necessity for any supporting documents or electronically stored information that may be relevant to the case. It stipulates the particulars of the appearance, including the date, time, and location, providing the essential framework for the witness's compliance. Importantly, the form contains sections that address both the necessity of physical attendance and the option for witnesses to submit requested documents without appearing in person, contingent on meeting specific legal criteria. Additionally, the Subp 002 form includes a section for declaration, which requires the attorney to explain the relevance of the requested evidence, thereby establishing a valid basis for its production. Witnesses are also informed of their rights regarding witness fees and the potential consequences of failing to comply with the subpoena, underscoring the serious nature of this legal instrument. Understanding the structure and implications of the Subp 002 form is crucial for both legal professionals and those who may find themselves summoned as witnesses in civil cases.

Subp 002 Example

 

 

 

SUBP-002

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

 

 

 

 

FOR COURT USE ONLY

 

 

 

 

To keep other people from

 

 

 

 

seeing what you entered on

 

TELEPHONE NO.:

FAX NO.:

 

your form, please press the

 

E-MAIL ADDRESS:

 

 

Clear This Form button at the

 

 

 

 

 

ATTORNEY FOR (Name):

 

 

end of the form when finished.

 

 

 

 

 

NAME OF COURT:

 

 

 

 

STREET ADDRESS:

 

 

 

 

MAILING ADDRESS:

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

PLAINTIFF/ PETITIONER:

 

 

 

 

DEFENDANT/ RESPONDENT:

 

 

 

 

 

 

 

 

CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and

 

CASE NUMBER:

Production of Documents, Electronically Stored Information, and Things at

 

 

 

Trial or Hearing and DECLARATION

 

 

 

THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of witness, if known):

1.YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date, time, and place shown in the box below UNLESS your appearance is excused as indicated in box 3b below or you make an agreement with the person named in item 4 below.

a. Date:

Time:

b. Address:

 

Dept.:

Div.:

Room:

2.IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.

3.YOU ARE (item a or b must be checked):

a. Ordered to appear in person and to produce the records described in the declaration on page two or the attached declaration or affidavit. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena.

b. Not required to appear in person if you produce (i) the records described in the declaration on page two or the attached declaration or affidavit and (ii) a completed declaration of custodian of records in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope (or other wrapper). Enclose the original declaration of the custodian with the records. Seal the envelope. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number; your name; and the date, time, and place from item 1 in the box above.

(3)Place this first envelope in an outer envelope, seal it, and mail it to the clerk of the court at the address in item 1.

(4)Mail a copy of your declaration to the attorney or party listed at the top of this form.

form

4. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE YOU ARE TO APPEAR, OR IF YOU WANT TO BE CERTAIN

THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR:

a. Name of subpoenaing party or attorney:

b. Telephone number:

5.Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them at the time of service. You may request them before your scheduled appearance from the person named in item 4.

DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE

FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.

Date issued:

MICHAEL RODDY

(TYPE OR PRINT NAME)

(SIGNATURE OF PERSON ISSUING SUBPOENA)

 

 

 

CLERK OF THE COURT

 

(Declaration in support of subpoena on reverse)

(TITLE)

Page 1 of 3

Form Adopted for Mandatory Use

Judicial Council of California

SUBP-002 [Rev. January 1, 2012]

CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and

Production of Documents, Electronically Stored Information, and Things at

Trial or Hearing and DECLARATION

Code of Civil Procedure,

§1985 et seq. www.courts.ca.gov

SUBP-002

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

The production of the documents, electronically stored information, or other things sought by the subpoena on page one is supported by (check one):

the attached affidavit or

the following declaration:

DECLARATION IN SUPPORT OF CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE AND

PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING

(Code Civ. Proc., §§ 1985,1987.5)

1.I, the undersigned, declare I am the

attorney for (specify): in the above-entitled action.

plaintiff

defendant

other (specify):

petitioner

respondent

2.The witness has possession or control of the documents, electronically stored information, or other things listed below, and shall produce them at the time and place specified in the Civil Subpoena for Personal Appearance and Production of Records at Trial or Hearing on page one of this form (specify the exact documents or other things to be produce; if electronically stored information is demanded, the form or forms in which each type of information is to be produced may be specified):

Continued on Attachment 2.

3.Good cause exists for the production of the documents, electronically stored information, or other things described in paragraph 2 for the following reasons:

Continued on Attachment 3.

4.The documents, electronically stored information, or other things described in paragraph 2 are material to the issues involved in this case for the following reasons:

Continued on Attachment 4.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

.............................................................................................

(TYPE OR PRINT NAME)

(SIGNATURE OF

SUBPOENAING PARTY

ATTORNEY FOR SUBPOENAING PARTY)

Request for Accommodations

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the date on which you are to appear. Contact the clerk's office or go to www.courts.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Response (form MC-410). (Civil Code, § 54.8.)

(Proof of service on page 3)

SUBP-002 [Rev. January 1, 2012]

CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and

Production of Documents, Electronically Stored Information, and Things at

Trial or Hearing and DECLARATION

Page 2 of 3

were offered or demanded and paid. Amount: . . . . . .

SUBP-002

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

PROOF OF SERVICE OF CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and Production of

Documents, Electronically Stored Information, and Things at Trial or Hearing and DECLARATION

1.I served this Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration by personally delivering a copy to the person served as follows:

a.Person served (name):

b.Address where served:

c.Date of delivery:

d.Time of delivery:

e.Witness fees (check one):

(1)

(2)

$

were not demanded or paid.

f.Fee for service: . . . . . . . . . . . . . . . . $

2.I received this subpoena for service on (date):

3.Person serving:

a.

 

Not a registered California process server.

 

 

California sheriff or marshal.

b.

 

 

 

Registered California process server.

c.

 

 

 

Employee or independent contractor of a registered California process server.

d.

 

 

 

Exempt from registration under Business and Professions Code section 22350(b).

e.

 

f.

 

Registered professional photocopier.

 

g.

 

Exempt from registration under Business and Professions Code section 22451.

 

h. Name, address, telephone number, and, if applicable, county of registration and number:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(SIGNATURE)

(For California sheriff or marshal use only) I certify that the foregoing is true and correct.

Date:

(SIGNATURE)

SUBP-002 [Rev. January 1, 2012]

CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and

Production of Documents, Electronically Stored Information, and Things at

Trial or Hearing and DECLARATION

Page 3 of 3

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Form Characteristics

Fact Name Details
Purpose The SUBP-002 form is used to issue a civil subpoena, requiring a witness to appear and produce documents or other evidence at a trial or hearing.
Governing Laws The form is governed by the California Code of Civil Procedure, specifically sections 1985, 1987.5, 1985.3, and 1985.6.
Witness Fees Individuals served with the subpoena may request witness fees and mileage for travel. This request must be made at the time of service.
Execution The subpoena can be executed by various individuals, including a registered process server or a California sheriff/marshal.
Non-appearance Conditions The recipient may not need to appear in person if alternative arrangements are made, such as producing required documents through mail.
Consequences of Non-compliance Failure to comply with the subpoena may result in a contempt of court charge, along with potential financial liability of up to $500.

Guidelines on Utilizing Subp 002

Completing the Subp 002 form requires careful attention to detail. Make sure to have all necessary information at hand before you begin. Following these steps will help ensure the form is filled out correctly and submitted without issues.

  1. At the top of the form, write the name of the attorney or party without an attorney. Include their State Bar number and address.
  2. Fill in the contact details, including telephone and fax numbers, and email address of the attorney.
  3. Identify the attorney for the party by providing their name.
  4. Write the name of the court where the case is filed along with the street address, mailing address, city, and zip code.
  5. Specify the branch name of the court.
  6. List the names of the plaintiff/petitioner and defendant/respondent in the designated spaces.
  7. Enter the case number assigned to the matter.
  8. Provide the name, address, and telephone number of the witness.
  9. Fill in the date, time, and place where the witness is ordered to appear.
  10. Select whether the witness must appear in person or if they can provide the requested records without appearing.
  11. If the witness is not required to appear in person, outline the steps for submitting the documents, including how to package them and where to send them.
  12. Write the name and telephone number of the person to contact if there are questions about the appearance date or time.
  13. Specify if witness fees are requested and note that they must be requested at the time of service.
  14. Sign and dating the form, including the typed or printed name of the person issuing the subpoena.
  15. Complete any necessary attachments for declarations or affidavits that support the subpoena.

Once the form has been completed, review it for accuracy before submission. Follow any additional instructions provided for filing the document with the court.

What You Should Know About This Form

What is the purpose of the SUBP 002 form?

The SUBP 002 form, or Civil Subpoena (Duces Tecum), is used to compel a witness to appear in court to provide testimony and produce specific documents or evidence. It is primarily utilized in civil cases and ensures that relevant information is made available during a trial or hearing.

Who can issue a SUBP 002 form?

An attorney representing a party in a civil case can issue a SUBP 002 form. The form must be completed accurately with the name of the witness, contact details, and specific information about the documents or evidence requested.

What should the recipient of a SUBP 002 form do?

If a person receives a SUBP 002 form, they are ordered to appear at the specified date and time unless they have been excused or have made an agreement with the requesting party. They must either appear in person or prepare the requested documents along with the appropriate declaration of custodian of records.

How does one respond to the subpoena if documents are to be produced?

To produce documents, the recipient must place the requested documents in an envelope, include the completed declaration of custodian, seal the envelope, and send it to the court's clerk. Additionally, they should send a copy of the declaration to the attorney or party who issued the subpoena.

What are the potential consequences of not complying with a SUBP 002 form?

Failure to comply with the SUBP 002 form may result in legal penalties, including being held in contempt of court. This could lead to fines or other sanctions, as well as the potential liability for damages resulting from non-compliance.

What fees are associated with being served a SUBP 002 form?

Individuals served with a SUBP 002 form are entitled to witness fees and reimbursement for mileage traveled, provided they request these fees at the time the subpoena is served. They can also ask for fees in advance from the attorney or party listed on the form.

How can someone clarify questions regarding the SUBP 002 form?

If there are any questions regarding the subpoena, the recipient should contact the subpoenaing party or their attorney using the contact information provided in the form before the scheduled appearance date.

What accommodations are available for individuals with disabilities?

Assistive listening systems, sign language interpreters, and real-time captioning services are available for individuals with disabilities. These services should be requested at least five days before the scheduled appearance date to ensure appropriate accommodations.

Where can I find additional information about the SUBP 002 form?

For more details or assistance, individuals can visit the California Courts website or contact the clerk's office. The website provides resources for completing the form and understanding obligations under it.

Common mistakes

Filling out the SUBP-002 form can be straightforward, but several common mistakes can complicate the process. One significant error is failing to include the **correct attorney or party information**. Make sure to list the attorney's name, State Bar number, and address accurately. Missing or incorrect information here can lead to delays in the process.

Another common mistake occurs in the section where **personal appearance details** are outlined. Individuals often forget to check the appropriate box indicating whether the witness must appear in person or not. Omitting this can confuse the witness about their obligations. Ensuring clarity in this section is vital to avoid misunderstandings.

Many people also neglect to **provide accurate witness information**. When indicating the name, address, and telephone number of the witness, double-check for accuracy. Any errors can hinder the process of serving the subpoena and ensure that the intended witness is not skipped.

Not supplying a **complete description of the documents** or items to be produced is another frequent oversight. The form must specify exactly what documents are requested, which saves time and prevents unnecessary complications. Vague descriptions can lead to partial compliance, delaying the legal proceedings.

It is important to remember to include a **declaration of good cause**. This section explains why the requested documents are relevant. Skip this step, and it may weaken the subpoena’s effectiveness, as it must demonstrate the necessity of the materials requested.

Witness fee requests can also lead to issues. Sometimes, individuals forget to request these fees ahead of time, which is essential for reimbursement. Noting the witness fees required at the time of service ensures that costs are covered and the witness is more likely to comply.

Some individuals overlook the **proof of service requirements** at the bottom of the form. Failing to complete this section correctly can create legal problems later. Individuals serving the subpoena must provide their name, address, and details about how the service was conducted.

Additionally, people may fail to keep a **copy of the completed form** for their records, which can be vital in case any disputes arise. Always maintain a copy for future reference to track what was submitted.

Lastly, not seeking **clarification or accommodations** when needed is a common mistake. If there are questions about the subpoena or special requirements regarding appearance, reaching out before the due date can prevent issues down the line. Understanding the process fully can help ensure compliance and a smooth legal process.

Documents used along the form

The Subp 002 form, known as the Civil Subpoena (Duces Tecum), plays a critical role in legal proceedings. This document compels a witness to produce specific documents or materials for a trial or hearing. Several other forms and documents often accompany the Subp 002 to ensure compliance and address various legal concerns. Each of these documents serves a specific purpose in the legal process, facilitating the gathering of evidence and maintaining procedural integrity.

  • Proof of Service (Form Subp-003): This document verifies that the subpoena was delivered to the witness. It includes details about the delivery date, time, and the person who served the subpoena.
  • Declaration of Custodian of Records: This declaration is typically required when the subpoena is directed to a custodian of records, confirming that they have the authority and capability to produce the requested documents.
  • Motion to Quash: If the recipient of the subpoena believes it is invalid or overly burdensome, they can file a motion to quash. This formal request asks the court to nullify the subpoena.
  • Subpoena for Testimony (Form SUBP-001): This form is used when a party wants to compel a witness to appear in court to testify, separate from producing documents.
  • Request for Accommodations (Form MC-410): If the witness needs assistance, such as sign language interpretation, this form must be submitted at least five days in advance of the appearance.
  • Declaration in Support of Subpoena (Attachment): This document accompanies the subpoena and explains why the requested documents are relevant and necessary for the case.
  • Protective Order Request: When sensitive information is involved, a party may file for a protective order to limit access to or disclosure of that information.
  • Subpoena Responses: These are responses from the witness or the custodian of records detailing the compliance with the subpoena, including the production of documents or an objection.
  • Notice of Deposition: This form could be issued in conjunction with the subpoena to inform witnesses of the time and place for a deposition, which is a formal questioning before trial.
  • Interrogatories: Although not directly linked to the subpoena, these written questions are sent to the opposing party, and their responses can provide further context or support documents requested by the civil subpoena.

In summary, the accompanying forms and documents to the Subp 002 provide crucial support for the legal process. They ensure that subpoenas are issued and served correctly, establish protocols for handling sensitive information, and help parties navigate their rights and obligations in a legal context. Understanding these documents is essential for anyone involved in civil litigation.

Similar forms

The SUBP-002 form is a type of civil subpoena used in California for personal appearance and the production of documents. Seven other legal documents share similarities with the SUBP-002 form in terms of purpose and functionality. Each document serves to compel the production of information or testimony in legal proceedings. Below are the related documents:

  • Civil Subpoena for Personal Appearance (SUBP-001): Like SUBP-002, this document requires a witness to appear in court. It does not necessarily mandate the production of documents.
  • Civil Subpoena for Testimony by Written Declaration (SUBP-003): This document allows a witness to provide testimony in writing instead of appearing in person, similar to the appearance requirements in the SUBP-002.
  • Notice to Produce Documents (Code of Civil Procedure § 2031.010): This notice directs a party to produce certain documents during discovery. It mirrors the document production requirement in SUBP-002.
  • Deposition Subpoena (Code of Civil Procedure § 2020.410): This subpoena orders a witness to appear for a deposition. It operates similarly to SUBP-002 in requiring the witness’s presence for gathering evidence.
  • Subpoena for Business Records (Evidence Code § 1560): This form compels a business to produce records relevant to a legal matter, akin to the document production aspect of the SUBP-002.
  • Administrative Subpoena (various federal and state statutes): These subpoenas require the production of evidence or testimony in administrative proceedings, paralleling SUBP-002's fundamental requirements.
  • Grand Jury Subpoena: Issued by a grand jury, this subpoena requires the production of documents or testimony. It shares the same general purpose of compelling compliance as seen in the SUBP-002.

Dos and Don'ts

When filling out the SUBP-002 form, consider the following guidelines:

  • Double-check all entered information for accuracy, including names, addresses, and telephone numbers.
  • Ensure that the date and time of appearance are clearly marked.
  • Provide thorough details in the declaration, explaining why the requested documents are necessary.
  • Attach any required documents instead of leaving them out; this ensures compliance.
  • Contact the subpoenaing party if you have questions regarding your obligations or the specifics of the subpoena.

Do not make these common mistakes:

  • Avoid omitting any required personal information, as it may halt the process.
  • Do not disregard the instructions regarding witness fees; this could lead to missed compensation.
  • Refrain from submitting the form without a thorough review; errors can cause delays.
  • Do not underestimate the importance of timely mailing of documents to avoid issues with appearance.
  • Never ignore the subpoenas; consequences for noncompliance can be severe.

Misconceptions

Understanding the SUBP 002 form can be tricky. Here are some common misconceptions about it:

  • Misconception 1: The form is only for attorneys.

    • Many believe that only attorneys can use this form, but it can also be completed by parties representing themselves in court.

  • Misconception 2: If served a subpoena, you must automatically comply.

    • Receiving a subpoena does not always mean you must comply immediately. There are specific conditions under which you may challenge or seek to modify its requirements.

  • Misconception 3: Witness fees are optional and rarely given.

    • Witness fees are mandatory if requested when served. You are entitled to compensation for your time and travel.

  • Misconception 4: You must appear in person to produce documents.

    • In some cases, you can send the required documents without appearing in person, provided you follow specific steps outlined in the form.

  • Misconception 5: Filing the form guarantees the requested information will be produced.

    • Even with a properly filed subpoena, production depends on the relevance and admissibility of the information requested in court.

  • Misconception 6: Only court-approved custodians of records can respond to a subpoena.

    • Any person or entity that has the required documents can typically respond, not just custodians. However, legal implications may apply depending on the situation.

  • Misconception 7: You can ignore a subpoena if you simply don’t want to comply.

    • Ignoring a subpoena can lead to serious consequences, including potential legal penalties, so it's best to address it properly.

Key takeaways

  • The SUBP-002 form is used to issue a civil subpoena requiring a witness to appear at a specified trial or hearing.

  • Ensure that the form is filled out completely, including names, addresses, and contact information, to avoid delays.

  • Witnesses must be ordered to appear unless they have made an agreement with the person who issued the subpoena.

  • If a witness receives the subpoena as a custodian of records, they need a court order or agreement among parties before producing consumer or employee records.

  • Options are available for witnesses regarding their appearance: in-person presence or producing records by mail.

  • When producing records by mail, witnesses must follow specific guidelines, including using an envelope and attaching the original declaration of custodian of records.

  • Witness fees may be requested at the time of service. This includes compensation for mileage.

  • It’s vital to contact the subpoenaing party in advance if there are any questions about the appearance date or time.

  • Disobedience of the subpoena can result in contempt of court, with potential fines or other damages.

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