Subp 002 PDF Details

The legal landscape is often traversed through the meticulous gathering and presentation of evidence, a process meticulously outlined in the Subp 002 form, an essential tool in the California judicial system. This document, formally known as the Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing, serves as a directive ordered by the court, mandating individuals or organizations to appear in court and/or produce materials critical to the proceedings. Its sections detail a comprehensive range of instructions, from identifying the party or attorney responsible, through clarifying the nature of documents or electronically stored information required at trial, to specifying the protocol for those subpoenaed as custodians of records. Additionally, it includes directives on witness fees, outlines potential penalties for non-compliance, and even provides space for a declaration in support of the subpoena request, all of which underscore the form’s critical role in ensuring due process is observed. Notably, it accommodates the need for accessibility and privacy, with provisions for accommodations by persons with disabilities and reminders for the protection of sensitive information once the form's immediate use is concluded.

QuestionAnswer
Form NameSubp 002
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other namescalifornia form subp 002, subpoena form, you subpoena documents, civil subpoena duces tecum ca

Form Preview 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

For your protection and privacy, please press the Clear This Form

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Save This Form

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How to Edit Subp 002 Online for Free

We were building the PDF editor with the prospect of allowing it to be as easy to use as it can be. Therefore the entire process of typing in the subpoena tecum california is going to be simple accomplish the following steps:

Step 1: Click the "Get Form Here" button.

Step 2: Once you have entered the subpoena tecum california editing page you can discover the different actions you can use with regards to your file at the top menu.

The next areas are what you will have to complete to obtain the ready PDF form.

example of gaps in subpoena duces tecum

Provide the expected data in the section a Date b Address, Time, Dept, Div, Room, IF YOU HAVE BEEN SERVED WITH THIS, UNDER CODE OF CIVIL PROCEDURE, YOU ARE item a or b must be, Ordered to appear in person and to, IF YOU HAVE ANY QUESTIONS ABOUT, and THAT YOUR PRESENCE IS REQUIRED.

subpoena duces tecum a Date b Address, Time, Dept, Div, Room, IF YOU HAVE BEEN SERVED WITH THIS, UNDER CODE OF CIVIL PROCEDURE, YOU ARE item a or b must be, Ordered to appear in person and to, IF YOU HAVE ANY QUESTIONS ABOUT, and THAT YOUR PRESENCE IS REQUIRED blanks to fill out

The system will ask for more information in order to automatically prepare the segment THAT YOUR PRESENCE IS REQUIRED, b Telephone number, Witness Fees You are entitled to, at the time of service You may, DISOBEDIENCE OF THIS SUBPOENA MAY, MICHAEL RODDY, cidcidcidTYPE OR PRINT NAME, SIGNATURE OF PERSON ISSUING, Form Adopted for Mandatory Use, CIVIL SUBPOENA DUCES TECUM for, Declaration in support of subpoena, TITLE, Page of, and Code of Civil Procedure et seq.

Completing subpoena duces tecum step 3

You'll need to identify the rights and obligations of all parties in paragraph PLAINTIFFPETITIONER, DEFENDANTRESPONDENT, CASE NUMBER, SUBP, The production of the documents, the attached affidavit or, the following declaration, DECLARATION IN SUPPORT OF CIVIL, I the undersigned declare I am, plaintiff, defendant other specify, petitioner, respondent, and The witness has possession or.

Finishing subpoena duces tecum stage 4

End by reviewing all these sections and preparing them correspondingly: Continued on Attachment, Good cause exists for the, Continued on Attachment, The documents electronically, Continued on Attachment, I declare under penalty of perjury, Date, TYPE OR PRINT NAME, SIGNATURE OF, SUBPOENAING PARTY, ATTORNEY FOR SUBPOENAING PARTY, and Request for Accommodations.

part 5 to finishing subpoena duces tecum

Step 3: Once you have clicked the Done button, your file is going to be readily available upload to any kind of electronic device or email you identify.

Step 4: In order to prevent any specific difficulties as time goes on, you should create up to several copies of the form.

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