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The Subp 010 form is an essential legal document used within the California court system, specifically designed for the deposition subpoena of business records. This form outlines the requirements for parties involved in a case, enabling the collection of necessary business documents to support legal proceedings. It specifies the obligations of the deponent to produce records by a certain date, allowing for flexibility in how these records can be delivered—whether through direct inspection at a business location, mailed copies, or personal delivery to a designated deposition officer. Furthermore, the form emphasizes the importance of adhering to timelines and provides details regarding potential costs associated with record reproduction. It also highlights special stipulations for custodians of consumer or employee records, ensuring compliance with applicable laws to protect sensitive information. Notably, failure to comply with the subpoena may lead to legal consequences, including contempt of court. Overall, the Subp 010 form serves as a critical tool in facilitating the discovery process, ensuring that all parties have access to the information necessary for a fair trial.

Subp 010 Example

 

 

 

 

SUBP-010

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

 

 

Clear This Form button at the

 

E-MAIL ADDRESS:

 

 

 

 

 

end of the form when finished.

 

ATTORNEY FOR (Name):

 

 

 

 

 

 

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

STREET ADDRESS:

 

 

 

 

MAILING ADDRESS:

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

PLAINTIFF/PETITIONER:

 

 

 

DEFENDANT/RESPONDENT:

 

 

 

 

 

 

 

 

 

 

DEPOSITION SUBPOENA

CASE NUMBER:

 

 

 

 

 

FOR PRODUCTION OF BUSINESS RECORDS

 

 

 

 

 

 

 

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

1.YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows:

To (name of deposition officer):

 

On (date) :

At (time):

Location (address):

 

Do not release the requested records to the deposition officer prior to the date and time stated above.

a. by delivering a true, legible, and durable copy of the business records described in item 3, enclosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1.

b. by delivering a true, legible, and durable copy of the business records described in item 3 to the deposition officer at the witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b).

c. by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal

business hours.

2.The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the deposition subpoena, or 15 days after service, whichever date is later). Reasonable costs of locating records, making them available or copying them, and postage, if any, are recoverable as set forth in Evidence Code section 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561.

3.The records to be produced are described as follows (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 3.

4.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.

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:

(TYPE OR PRINT NAME)

 

 

(SIGNATURE OF PERSON ISSUING SUBPOENA)

 

 

 

 

 

 

 

 

 

 

(Proof of service on reverse)

 

(TITLE)

Page 1 of 2

 

 

 

 

Form Adopted for Mandatory Use

DEPOSITION SUBPOENA FOR PRODUCTION

Code of Civil Procedure, §§ 2020.410–2020.440;

Judicial Council of California

 

Government Code, § 68097.1

SUBP-010 [Rev. January 1, 2012]

OF BUSINESS RECORDS

 

 

www.courts.ca.gov

 

 

 

 

 

 

 

 

SUBP-010

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR

PRODUCTION OF BUSINESS RECORDS

1.I served this Deposition Subpoena for Production of Business Records 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. (1)

(2)

Witness fees were paid. Amount: . . . . . . . . . . . . . . $ Copying fees were paid. Amount: . . . . . . . . . . . . . . $

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

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

3.Person serving:

a. Not a registered California process server.

b. California sheriff or marshal.

c. Registered California process server.

d. Employee or independent contractor of a registered California process server.

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

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:

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

Date:

(SIGNATURE)

(SIGNATURE)

SUBP-010 [Rev. January 1, 2012]

DEPOSITION SUBPOENA FOR PRODUCTION

OF BUSINESS RECORDS

Page 2 of 2

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Form Characteristics

Fact Name Description
Form Purpose The SUBP-010 form is used to issue a deposition subpoena for the production of business records in California.
Governing Laws This form is governed by the California Code of Civil Procedure sections 2020.410 to 2020.440.
Response Time Records must be produced no sooner than 20 days after the subpoena is issued or 15 days after service, whichever is later.
Costs Reimbursement Reasonable costs for locating, producing, or copying records can be recovered as defined in Evidence Code section 1563(b).
Custodian Agreement If the subpoena is served for consumer or employee records, a court order or agreement must be obtained before production.
Disobedience Consequences Failure to comply with the subpoena may result in contempt of court, penalties of $500, and damages.

Guidelines on Utilizing Subp 010

Completing the Subp 010 form requires careful attention to specific details. This form is used in legal proceedings, and accuracy is crucial to ensure proper processing of business records requests. Follow these steps to fill it out effectively.

  1. Identify Yourself: In the section labeled "ATTORNEY OR PARTY WITHOUT ATTORNEY," enter your name, state bar number, and address. Provide your telephone number, fax number, and email address.
  2. Provide Case Information: Fill in the "FOR COURT USE ONLY" section. Include the plaintiff/petitioner and defendant/respondent names, along with the case number.
  3. Complete Deponent Details: Based on your knowledge, list the name and address (including telephone number if known) of the deponent in the designated area.
  4. Detail Record Request: In item 1, describe the specific business records you are requesting. This includes instructions on how the records should be delivered and any conditional details necessary for their production.
  5. Set Dates and Times: Specify the date and time when you require the records to be produced. Ensure this is at least 20 days after the subpoena is issued or 15 days after service, whichever is later.
  6. Attach Custodian Affidavit: Remember to note that the records must come with an affidavit from the custodian or a qualified witness, as outlined in the provided legal references.
  7. Explain the Records: In item 3, provide a detailed description of the records to be produced, including any formats for electronically stored information as required.
  8. Sign the Form: Date the document and type or print your name before signing it in the designated area. Include your title if applicable.

After completing the form, make sure to proofread it for accuracy. Ensuring all information is correct will help facilitate the timely production of the requested records.

What You Should Know About This Form

What is the purpose of the Subp 010 form?

The Subp 010 form, or Deposition Subpoena for Production of Business Records, is used to compel an individual or entity to produce business records in a legal case. This form is essential for collecting evidence and gathering information that may be crucial to the proceedings. It ensures that the requesting party can obtain necessary documentation while maintaining a formal legal structure for the process.

How do I properly serve the Subp 010 form?

To serve the Subp 010 form, you must personally deliver a copy to the individual or representative of the business from which you are seeking records. You should document the service, including the name of the person served, address, date, and time of delivery. The person serving the document must also indicate their qualifications to serve legal papers, which could be a registered process server, a sheriff, or someone exempt from registration under relevant business codes.

What should be included in the records being produced?

The records requested in the Subp 010 form must be true, legible, and durable copies of the business records specified in the document. The form also allows for the inclusion of electronically stored information, with details on the forms in which each type of information should be produced. It's important that these records accompany a declaration from the custodian to affirm their authenticity and compliance with the subpoena.

What happens if I do not comply with the Subp 010 form?

If you fail to comply with the Subp 010 form, you may be held in contempt of court. This could lead to monetary penalties, potentially as much as $500, in addition to any damages caused by your non-compliance. Compliance is crucial to avoid these serious legal consequences and to ensure that the judicial process proceeds without obstruction.

Are there any exceptions to producing consumer or employee records?

Yes, if the subpoena targets consumer or employee records, you must first secure a court order or an agreement from the involved parties before being required to produce those records. This provision protects sensitive information and ensures that privacy rights are considered in the legal process. If served under specific codes related to these records, it's essential to follow the regulations outlined to avoid legal complications.

Common mistakes

Filling out the SUBP-010 form can seem straightforward, but many individuals make common mistakes that can lead to delays or complications in their legal process. Understanding these pitfalls is crucial to ensure that the form is completed correctly.

One of the most frequent mistakes is failing to provide complete and accurate contact information for the deponent. This includes the name, address, and telephone number. Omitting any of these details can cause confusion and hinder the ability to properly serve the subpoena. It is essential to double-check that all information is clearly noted and correct.

Another critical error occurs when individuals neglect to specify the records that need to be produced. In item 3 of the form, a clear description of the requested business records is necessary. Vague language or incomplete descriptions can lead to disputes over what records should be provided, complicating the process further.

Many people also overlook the requirement to include a timeline for record production. The records must be produced by the date and time indicated in item 1. If this date is missed, it could result in penalties or contempt of court. Ensuring that timeframes are realistic and adhered to is vital.

Additionally, some individuals fail to acknowledge the tax or fee requirements detailed in the form. This includes both copying fees and service fees associated with delivering the subpoena. Not addressing these fees may lead to unexpected charges and the possibility of unwanted disputes later on.

Finally, individuals often forget to sign and date the form correctly. This might seem minor, but an unsigned or improperly dated form can be considered invalid. Follow up with a thorough review of the completed form before submission to ensure all necessary signatures and dates are present.

Documents used along the form

The SUBP-010 form, also known as the Deposition Subpoena for Production of Business Records, is a key document in the legal process, enabling parties to request business records from witnesses or custodians. Alongside this form, other related documents support its execution and provide necessary procedural clarity. Below is a list of additional forms and documents that are commonly used in conjunction with the SUBP-010.

  • Proof of Service (POS): This document verifies that the subpoena has been formally delivered to the designated recipient. It includes details such as the name of the person served and the date of service.
  • Deposition Notice: A notice that outlines the date, time, and location of the deposition. This document informs all parties involved about the proceedings and ensures they are aware of their obligations.
  • Affidavit of Custodian: An affidavit confirming the authenticity and completeness of the records being produced. This form is important for establishing the credibility of the documents submitted under the subpoena.
  • Objection to Subpoena: A formal response by a third party who contests the requirements of the subpoena. This document can outline the reasons for the objection, which may include issues related to confidentiality or relevance.
  • Motion to Quash: A legal motion filed by a party to seek the dismissal of the subpoena. This document argues that the subpoena is overly broad, burdensome, or not legally justified.
  • Record Custodian's Response: A document from the custodian of records detailing how the subpoena will be complied with. It may indicate what records will be provided and the conditions of their release.

Utilizing these associated forms and documents ensures compliance with legal standards and promotes an organized approach to the deposition process. Familiarity with these items is essential for all parties involved in legal proceedings.

Similar forms

The SUBP-010 form has similarities with several other legal documents, primarily those involved in the subpoena process and production of evidence. Below is a list detailing ten documents with their comparable aspects:

  • Subpoena Duces Tecum: Similar in that it requires a witness to produce documents, but specifically includes a broader range of records beyond business records.
  • Notice to Produce: Functions similarly by informing a party of the obligation to produce relevant documents at a specific time and place.
  • Request for Production of Documents: Used in civil litigation, it requests documents from an opposing party, mirroring the production aspects of the SUBP-010.
  • Evidence Request Form: This document serves to officially ask for specific evidence necessary for a case, paralleling the requirement for production as seen in the SUBP-010.
  • Deposition Notice: Alerts parties that a deposition will occur, covering the procedural framework in which document production is often discussed.
  • Court Order: Issued by a judge, it compel a party to comply with requests similar to those outlined in the SUBP-010, such as producing records.
  • Affidavit of Custodian of Records: This document verifies the authenticity of produced records and aligns with the requirements in the SUBP-010 regarding accompanying affidavits.
  • Objection to Subpoena: Allows a party to formally object to a subpoena's request, a procedural right available in response to a SUBP-010.
  • Motion to Quash: A legal request to nullify a subpoena, often employed when challenges arise concerning document production mandates.
  • Proof of Service Document: Confirms that a subpoena or similar legal document has been served to the relevant parties, a necessary step noted in the SUBP-010's process.

Dos and Don'ts

When completing the SUBP-010 form, it's essential to follow specific guidelines to ensure accuracy and compliance. Here are six dos and don'ts:

  • Do fill out the form in clearly legible handwriting or print.
  • Do include all necessary contact information, such as your name, address, and telephone number.
  • Do verify that the case number and parties involved are correctly entered; errors can lead to delays.
  • Do provide copies of the business records as instructed, ensuring they are sealed and marked appropriately.
  • Don't submit the form without checking for mistakes or missing information; review it thoroughly first.
  • Don't release the requested records before the specified date and time to avoid penalties.

By adhering to these points, the process of filling out the SUBP-010 form can be smooth and efficient, thus avoiding potential legal complications.

Misconceptions

There are several misconceptions surrounding the Subp 010 form, which is crucial for the deposition subpoena process in California. Clarifying these misunderstandings can help ensure compliance and proper handling of business records. Here are eight common misconceptions:

  • Only lawyers can issue a Subp 010 form. This form can be issued by any attorney or party handling a case, not just lawyers.
  • The person receiving the subpoena must always attend. A recipient may only need to produce documents, not necessarily attend the deposition unless specifically required.
  • Subpoenas are the same as court orders. Subpoenas request information; they don't have the same enforceability as court orders.
  • All records must be produced immediately. Records must be produced by the specified date, which is generally not sooner than 20 days after the subpoena is issued.
  • You cannot object to a subpoena. Recipients can object to a subpoena, especially if it violates privacy rights or other legal protections.
  • Failure to comply results in automatic jail time. Non-compliance can lead to contempt charges, but penalties vary and are determined by the court.
  • Only business records are covered. The subpoena can cover various types of records, including personal documents if legally relevant.
  • The deposition officer must wait for a specific timeframe to receive the documents. Documents should not be provided before the date and time stated in the subpoena, to ensure adherence to court procedures.

Understanding these points can prevent unnecessary complications and ensure compliance with the legal process.

Key takeaways

Using the SUBP 010 form requires attention to detail and an understanding of its specific requirements. Here are some key takeaways to help you navigate the process effectively:

  • Understand the Purpose: This form is used to issue a deposition subpoena for the production of business records in a California court case.
  • Delivery Options: You can produce records by mailing them, delivering them to the deposition officer, or making them available for inspection at your business address.
  • Timeframe Matters: Records must be produced by the date stated on the form, allowing at least 20 days after issuance or 15 days after service.
  • Compliance is Key: Failure to comply with the subpoena can result in contempt of court and potential damages of $500.
  • Affidavit Requirement: Accompany the records with an affidavit from the custodian or qualified witness to verify authenticity.
  • Keep Information Private: Use the "Clear This Form" button to protect sensitive information after completing your entries.
  • Fees and Charges: Be aware that reasonable costs for locating, preparing, and copying records may be recoverable under California law.
  • Motion to Quash: If you are served under specific codes regarding employee or consumer records, ensure you have a court order or agreement before producing them.

Following these guidelines will help ensure that you fill out and use the SUBP 010 form correctly and effectively.

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