California Code of Civil Procedure 2020.510 – (a) A deposition subpoena that commands the attendance and the …
(a) A deposition subpoena that commands the attendance and the testimony of the deponent, as well as the production of business records, documents, electronically stored information, and tangible things, shall:
(1) Comply with the requirements of Section 2020.310.
Terms Used In California Code of Civil Procedure 2020.510
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Electronically stored information: means information that is stored in an electronic medium. See California Code of Civil Procedure 2016.020
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Designate the business records, documents, electronically stored information, and tangible things to be produced either by specifically describing each individual item or by reasonably particularizing each category of item.
(3) Specify any testing or sampling that is being sought.
(4) Specify the form in which any electronically stored information is to be produced, if a particular form is desired.
(b) A deposition subpoena under subdivision (a) need not be accompanied by an affidavit or declaration showing good cause for the production of the documents and things designated.
(c) If, as described in Section 1985.3, the person to whom the deposition subpoena is directed is a witness, and the business records described in the deposition subpoena are personal records pertaining to a consumer, the service of the deposition subpoena shall be accompanied either by a copy of the proof of service of the notice to the consumer described in subdivision (e) of Section 1985.3, or by the consumer’s written authorization to release personal records described in paragraph (2) of subdivision (c) of Section 1985.3.
(d) If, as described in Section 1985.6, the person to whom the deposition subpoena is directed is a witness and the business records described in the deposition subpoena are employment records pertaining to an employee, the service of the deposition subpoena shall be accompanied either by a copy of the proof of service of the notice to the employee described in subdivision (e) of Section 1985.6, or by the employee’s written authorization to release personal records described in paragraph (2) of subdivision (c) of Section 1985.6.
(Amended by Stats. 2012, Ch. 72, Sec. 18. (SB 1574) Effective January 1, 2013.)