How do I file a subpoena duces tecum in California?

How do I file a subpoena duces tecum in California?


  1. Take a blank Subpoena to the clerk to have it issued. Take a blank Civil Subpoena (Form SUBP-001 ) to the clerk.
  2. Fill out the Subpoena.
  3. Make copies of your issued Subpoena.
  4. Serve the Subpoena.
  5. Fill out Page 3 of the original Civil Subpoena.
  6. Return the Subpoena to the clerk before your hearing (or trial).

What is a subpoena duces tecum California?

A “subpoena duces tecum,” or (“SDT”) is a court order that requires a person to produce certain documents or pieces of evidence at a hearing or trial in a criminal case. Under California law, either a prosecutor or the defendant may request evidence or a witness by means of an SDT.

How do I fill out a SUBP 002 form?

What information should be provided in the SUBP-002 form?

  1. Name and address of the party.
  2. Name and address of the court.
  3. Name of the plaintiff/petitioner.
  4. Name of the defendant/respondent.
  5. Date, time and address of the court hearing.
  6. Date the Subpoena was issued.
  7. Signature of the person who issued the Subpoena.

What is the purpose of subpoena duces tecum?

A Subpoena Duces Tecum (meaning ‘subpoena for production of evidence’) is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.

What SUBP 025?


Can a pro per issue a subpoena California?

Individuals acting “In Pro Per” can also issue a signed subpoena upon a party in a legal proceeding. Once an attorney requests a subpoena, it must be personally served on the subpoenaed party by someone who is over the age of 18 and not a party to the action.

Should subpoena duces tecum be italicized?

The California Style Manual lists phrases that should no longer be italicized and another list of those phrases that should be italicized ( at pp. 146-48). That resource specifically lists “duces tecum” as not italicized.

What is a civil subpoena?

Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration Deposition Subpoena for Production of Business Records

What kind of subpoenas are pending in California?

Deposition Subpoena for Personal Appearance and Production of Documents, Electronically Stored Information, And Things in Action Pending Outside California Subpoena for Inspection of Premises in Action Pending Outside California

Can a subpoena be served without a case number in California?

Where no application has been filed for injuries on or after January 1, 1990 and before January 1, 1994, subpoena will be valid without a case number, but subpoena must be served on claimant and employer and/or insurance carrier. See instructions below.* The People of the State of California Send Greetings to:

Do you have to go to court for a subpoena?

ORDER TO ATTEND COURT OR PROVIDE DOCUMENTS: Subpoena/Subpoena Duces Tecum (Criminal and Juvenile) CR-125/JV-525. You must attend court or provide to the court the documents listed below. Follow the orders checked in item 2 below. If you do not, the judge can fine you, send you to jail, or issue a warrant for your arrest.

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