Q: Should SUBP-010 be addressed to Corporation, NOT to Custodian of Records; written deposition is pursuant to § 2025.030.
Written deposition under subpoena, request to answer questions, is addressed to business entity corporation pursuant to CCP § 2025.030.
Should SUBP-010 be addressed to Corporation, NOT to Custodian of Records for Corporation?
A:
When issuing a deposition subpoena under CCP § 2025.030, it's important to consider who the proper recipient is. SUBP-010 can indeed be addressed to a corporation if the intent is to obtain written responses from the business entity itself. In this case, you're seeking to have the corporation answer written questions under oath.
However, if you're specifically seeking records or documents, the subpoena should be directed to the "Custodian of Records" for the corporation. The custodian is typically the individual responsible for maintaining and producing the records in question.
The difference lies in whether you're seeking testimony (written answers) from the corporation or specific documents. Address it appropriately based on your goal.
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