The personal attendance of the custodian or other qualified witness and the production of the original records is not required unless, at the discretion of the requesting party, the subpoena duces tecum contains a clause which reads:

“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 pursuant to subdivision (b) of Section 1560, and Sections 1561 and 1562, of the Evidence Code will not be deemed sufficient compliance with this subpoena.”

Terms Used In California Evidence Code 1564

  • Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Evidence Code 255
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.

(Amended by Stats. 1987, Ch. 19, Sec. 4. Effective May 12, 1987.)

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