Form SUBP-025 at a glance
What it is: SUBP-025 is the Notice to Consumer or Employee and Objection (Code Civ. Proc., §§ 1985.3,1985.6).
Where and when to file: If you are not a party to this action, you must serve on the requesting party and on the witness, before the date set for production of the records, a written objection.
A filled-in Form SUBP-025 example: an attorney gives notice to a consumer
How to fill out Form SUBP-025, box by box
Attorney, telephone and court
Under ATTORNEY OR PARTY WITHOUT ATTORNEY, enter the Name, State Bar number, and address.
Enter the TELEPHONE NO., the FAX NO. (Optional), the E-MAIL ADDRESS (Optional) and the ATTORNEY FOR (Name).
Enter the Superior Court of California, county of, then the street address, mailing address, city and zip code and branch name.
Notice to consumer or employee
Enter the notice to consumer or employee to (name). Please take notice that requesting party (name) seeks your records for examination by the parties to this action on (specify date).
The records are described in the subpoena directed to witness; specify the name and address of the person or entity from whom records are sought.
A copy of the subpoena is attached.
If you object to the production of these records
If you are a party to the above-entitled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to quash or modify the subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena at least five days before the date set for production of the records.
If you are not a party to this action, you must serve on the requesting party and on the witness, before the date set for production of the records, a written objection that states the specific grounds on which production of such records should be prohibited. You may use the form to object and state the grounds for your objection. You must complete the Proof of Service indicating whether you personally served or mailed the objection. The objection should not be filed with the court.
Warning: if your objection is not received before the date specified in item 1, your records may be produced and may be available to all parties.
You or your attorney may contact the undersigned to determine whether an agreement can be reached in writing to cancel or limit the scope of the subpoena. If no such agreement is reached, and if you are not otherwise represented by an attorney in this action, you should consult an attorney to advise you of your rights of privacy.
Date, name and signature of the requesting party attorney
Enter the Date, then (TYPE OR PRINT NAME) and (SIGNATURE OF REQUESTING PARTY ATTORNEY).
Objection by non-party to production of records
OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS.
Box 1: I object to the production of all of my records specified in the subpoena. Box 2: I object only to the production of the following specified records:
Box 3: The specific grounds for my objection are as follows:
Enter the Date, then (TYPE OR PRINT NAME) and (SIGNATURE). (Proof of service on reverse)
Proof of service of notice to consumer or employee and objection
PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc., §§ 1985.3,1985.6). 1. At the time of service I was at least 18 years of age and not a party to this legal action.
2. I served a copy of the Notice to Consumer or Employee and Objection as follows (check either a or b). For a, Personal service, I personally delivered the Notice to Consumer or Employee and Objection as follows: (1) Name of person served, (2) Address where served, (3) Date served and (4) Time served.
For b, Mail, I deposited the Notice to Consumer or Employee and Objection in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (1) Name of person served, (2) Address, (3) Date of mailing and (4) Place of mailing (city and state). (5) I am a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed.
c. My residence or business address is (specify). d. My phone number is (specify): "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct."
Enter the Date, then (TYPE OR PRINT NAME OF PERSON WHO SERVED) and (SIGNATURE OF PERSON WHO SERVED).
Proof of service of objection to production of records
PROOF OF SERVICE OF OBJECTION TO PRODUCTION OF RECORDS (Code Civ. Proc., §§ 1985.3,1985.6).
2. I served a copy of the Objection to Production of Records as follows (complete either a or b): a. ON THE REQUESTING PARTY or b. ON THE WITNESS. For (1) Personal service, I personally delivered the Objection to Production of Records as follows: (i) Name of person served, (ii) Address where served, (iii) Date served and (iv) Time served.
For (2) Mail under a or b, I deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (i) Name of person served, (ii) Address, (iii) Date of mailing and (iv) Place of mailing (city and state). (v) I am a resident of or employed in the county where the Objection to Production of Records was mailed.
Sources
[1] Form SUBP-025 (Rev. January 1, 2008), Notice to Consumer or Employee and Objection, Judicial Council of California (the Official source link on this page).