Q: SUBP-02O to non-party
SUBP-02O to non-party. Can no personal appearance of non-party be specified, with answers by non-party sent by mail?
A:
If you're looking to obtain information from a non-party without requiring their personal appearance, you might consider using a different type of subpoena. In California, a Deposition Subpoena for Production of Business Records (form SUBP-010) allows you to request documents or answers from a non-party, and they can comply by sending the materials by mail. This approach eliminates the need for the non-party to appear in person while still providing you with the information you need.
On the other hand, the SUBP-020 is typically used to compel a personal appearance and production of documents or things. Modifying this form to specify no personal appearance might not be appropriate or enforceable. It's important to use the correct form to ensure that your subpoena is valid and that the non-party understands their obligations.
Reviewing the California Judicial Council forms and the Code of Civil Procedure can help you choose the right subpoena for your situation. If you're unsure about the proper steps, consulting legal resources or seeking advice can provide clarity. Using the correct process will help you obtain the necessary information without unnecessary complications.
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