Subp 010 PDF Details

In the legal labyrinth of preparing and responding to court orders, the Subp 010 form stands out as a critical document for the production of business records during litigation. Tasked with a dual purpose, it not only commands the presence of documents that could sway the direction of a legal proceeding but also institutes a protective mechanism for those sensitive materials until they can be securely delivered to a deposition officer. Embodied in its clauses is a meticulous instruction set, ranging from the method of delivery to the handling fees associated with the production of these records, ensuring that the process is as seamless as feasible for all parties involved. Employing a structured approach, the form delineates the responsibilities and liabilities imposed on the custodian of records, emphasizing the legal repercussions in the event of non-compliance. Additionally, the form accommodates a provision for electronically stored information, highlighting the evolving nature of business records in the digital age. With sections dedicated to outlining the consequences for disobedience, including fines and the potential for contempt, it serves as a stern reminder of the weight of legal obligations. Moreover, the inclusion of a proof of service adds a layer of verification, ensuring that all procedural steps have been faithfully executed. This intricate document encapsulates the balance between demanding critical information for judicial purposes and safeguarding the rights and privacy of those from whom such information is requested.

QuestionAnswer
Form NameSubp 010
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namescalifornia court deposition, court deposition subpoena, how to subpoena business record, subp 010 fillable

How to Fill Out Form SUBP-010

Form SUBP-010 at a glance

What it is: SUBP-010 is the Deposition Subpoena for Production of Business Records, a form adopted for mandatory use by the Judicial Council of California.

Who signs: Add the signature of person issuing subpoena, type or print name, and title.

A filled-in Form SUBP-010 example: an attorney subpoenas records by mail

Form SUBP-010 example filled out, example: an attorney subpoenas records by mail
Alex Example, an attorney, fills out form SUBP-010 for plaintiff Jane Sample. The records go by mail, so the other two boxes in item 1 stay empty. The picture shows page 1 filled in, and every value in it is made up. Nothing goes in Person served or in Date received, person serving and penalty of perjury because the person who serves the subpoena completes page 2.

How to fill out Form SUBP-010, box by box

Attorney or party without attorney, and the court

Form SUBP-010 example filled out, attorney or party without attorney, and the court

Enter the attorney or party without attorney: Name, State Bar number, and address.

Enter the telephone no., fax no., e-mail address and attorney for (name).

Enter the Superior Court of California, county of, the street address, mailing address, city and zip code, and branch name.

Name, address, and telephone number of deponent

Form SUBP-010 example filled out, name, address, and telephone number of deponent

Enter the name, address, and telephone number of deponent, if known.

Item 1: deposition officer, date, time and location

Form SUBP-010 example filled out, item 1: deposition officer, date, time and location

Enter the name of deposition officer, the date, the time and the location (address).

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.

Do not release the requested records to the deposition officer prior to the date and time stated in On (date) and At (time).

Item 1: by delivering or by making the records available

Form SUBP-010 example filled out, item 1: by delivering or by making the records available

Box 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. Box 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). Box 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.

The records to be produced are described as follows

Form SUBP-010 example filled out, the records to be produced are described as follows

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).

Check Continued on Attachment 3.

Custodian of consumer or employee records

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

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. (checked October 31, 2026)

Date issued, signature, name and title

Form SUBP-010 example filled out, date issued, signature, name and title

Enter the date issued.

Add the signature of person issuing subpoena, type or print name, and title.

Person served: name, address, date and time of delivery

I served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served as follows: person served (name), address where served, date of delivery and time of delivery.

Check Witness fees were paid or, under (2), Copying fees were paid, with the amount, and enter the fee for service amount.

Date received, person serving and penalty of perjury

I received this subpoena for service on (date).

Person serving: Not a registered California process server. California sheriff or marshal. Registered California process server. Employee or independent contractor of a registered California process server. Exempt from registration under Business and Professions Code section 22350(b). Registered professional photocopier. Exempt from registration under Business and Professions Code section 22451. 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." Add the date and the signature.

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

Sources

[1] Form SUBP-010 (Rev. January 1, 2012), Deposition Subpoena for Production of Business Records, Judicial Council of California (the Official source link on this page).

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