Form Subp 035 PDF Details

The Subp 035 form embodies a crucial instrument in the apparatus of law, facilitating the obtainment of business records in lawsuits that are pending beyond the borders of California. Specifically designed for actions pending outside of this jurisdiction, it serves as a subpoena for the production of such records, mandating their procurement in a structured and legally bound manner. Employed within the Superior Court of California, the form necessitates thorough details from the attorney or party without an attorney, including names, contact information, and the court details where the discovery process is set to unfold. It intricately outlines the requirements for the record's production, delivery, and the conditions under which they can be inspected or copied, catering to the nuances of legal evidence gathering with precision. Notably, the subpoena underscores the legal obligations and potential repercussions for non-compliance, including contempt of court and financial liabilities. The form also accommodates specifications for electronically stored information, extending its relevance in the digital age. Additionally, it addresses the handling of sensitive consumer or employee records, ensuring the balancing of legally mandated disclosure with privacy concerns. The embedded instructions and specifications in the Subp 035 form mirror the legal system's complexity and its efforts to maintain fairness and order in the pursuit of justice across state lines.

QuestionAnswer
Form NameForm Subp 035
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesRESPONDENT, SUBP-025, CALIFORNIA, SUBP-035

Form Preview Example

SUBP-035

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

FOR COURT USE ONLY

 

 

 

 

TELEPHONE NO.:

FAX NO.:

 

 

 

 

E-MAIL ADDRESS:

 

 

 

ATTORNEY FOR (Name):

 

 

 

 

 

Court for county in which discovery is to be conducted:

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

STREET ADDRESS:

 

 

 

MAILING ADDRESS:

 

 

CITY, STATE, AND ZIP CODE:

 

 

 

BRANCH NAME:

 

 

 

 

 

Court in which action is pending:

 

 

 

Name of Court:

 

 

 

STREET ADDRESS:

 

 

 

MAILING ADDRESS:

 

 

CITY, STATE, AND ZIP CODE:

 

 

 

COUNTRY:

 

 

 

 

 

 

 

PLAINTIFF/PETITIONER:

 

CALIFORNIA CASE NUMBER (if any assigned by court):

 

 

DEFENDANT/RESPONDENT:

 

 

 

 

 

 

 

 

 

CASE NUMBER (of action pending outside California):

 

SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

 

 

IN ACTION PENDING OUTSIDE CALIFORNIA

 

 

 

 

 

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.

 

 

 

by delivering a true, legible, and durable copy of the business records described in item 3 to the deposition officer at the

b.

 

 

 

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).

 

 

 

by making the original business records described in item 3 available for inspection at your business address by the

c.

 

 

 

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 must 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 (use form MC-025).

4.Attorneys of record in this action or parties without attorneys are (name, address, telephone number, and name of party represented):

Continued on Attachment 4 (use form MC-025).

Page 1 of 2

 

Form Adopted for Mandatory Use

SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

Code of Civil Procedure, §§ 2029.100–2029.900,

Judicial Council of California

IN ACTION PENDING OUTSIDE CALIFORNIA

2020.410–2020.440;

SUBP-035 [Rev. January 1, 2012]

Government Code, § 68097.1

 

 

 

 

www.courts.ca.gov

SUBP-035

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER (of action pending outside California):

5.If you have been served with this subpoena as a custodian of consumer or employee records under Code of Civil Procedure section 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.

6.

Other terms or provisions from out-of-state subpoena, if any (specify):

Continued on Attachment 6 (use form MC-025).

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

FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.

Date issued:

(TYPE OR PRINT NAME)

(SIGNATURE OF PERSON ISSUING SUBPOENA)

(TITLE)

PROOF OF SERVICE OF SUBPOENA FOR

PRODUCTION OF BUSINESS RECORDS

1.I served this Subpoena for Production of Business Records In Action Pending Outside California 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 and mileage both ways (check one):

(1)

 

were paid. Amount:

$

 

 

 

 

 

 

 

(2)

 

were not paid.

 

 

 

 

 

 

 

 

 

(3)

 

were tendered to the witness's public entity employer as required by Government Code section 68097.2. The

 

 

 

amount tendered was (specify):

$

 

 

 

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

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

3.

 

 

I also served a completed Proof of Service of Notice to Consumer or Employee and Objection (form SUBP-025)

 

 

 

by personally delivering a copy to the person served as described in 1 above.

4. Person serving:

 

a.

 

 

Not a registered California process server

 

 

 

 

 

 

 

California sheriff or marshal

 

b.

 

 

 

 

 

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

(For California sheriff or marshal use only)

California that the foregoing is true and correct.

I certify that the foregoing is true and correct.

Date:

Date:

 

 

 

 

 

 

(SIGNATURE)

 

(SIGNATURE)

 

 

 

 

 

SUBP-035 [ [Rev. January 1, 2012]]

SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS IN ACTION PENDING OUTSIDE CALIFORNIA

Page 2 of 2

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1. Whenever completing the recoverable, ensure to complete all of the necessary blank fields in the associated form section. This will help expedite the process, which allows your details to be handled efficiently and correctly.

Part number 1 in filling in deponent

2. Once your current task is complete, take the next step – fill out all of these fields - SUBPOENA FOR PRODUCTION OF, IN ACTION PENDING OUTSIDE, THE PEOPLE OF THE STATE OF, YOU ARE ORDERED TO PRODUCE THE, To name of deposition officer On, At time, Do not release the requested, by delivering a true legible and, and The records are to be produced by with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

deponent conclusion process detailed (step 2)

3. The following portion is all about Continued on Attachment use form, Attorneys of record in this, Continued on Attachment use form, Form Adopted for Mandatory Use, Judicial Council of California, SUBP Rev January, SUBPOENA FOR PRODUCTION OF, IN ACTION PENDING OUTSIDE, Page of, and Code of Civil Procedure - type in each of these blanks.

deponent writing process explained (step 3)

4. The fourth paragraph comes next with these blanks to complete: PLAINTIFFPETITIONER, DEFENDANTRESPONDENT, CASE NUMBER of action pending, SUBP, If you have been served with this, Other terms or provisions from, Continued on Attachment use form, DISOBEDIENCE OF THIS SUBPOENA MAY, FOR THE SUM OF AND ALL DAMAGES, Date issued, TYPE OR PRINT NAME, and SIGNATURE OF PERSON ISSUING.

Tips on how to complete deponent part 4

5. This form needs to be finalized by dealing with this area. Below you can see a comprehensive set of blank fields that need correct details for your form submission to be complete: I served this Subpoena for, c Date of delivery e Witness fees, d Time of delivery, were paid Amount, were not paid were tendered to the, f Fee for service, I received this subpoena for, I also served a completed Proof, a b c d e f g h Name address, and Not a registered California.

deponent writing process outlined (portion 5)

Those who work with this form generally make mistakes when filling out I received this subpoena for in this area. Make sure you double-check whatever you enter right here.

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