Q: which form is applicable: SUBP-010 or SUBP-020?
For written deposition under subpoena WITHOUT appearance of non-party which form is applicable: SUBP-010 or SUBP-020?
Written deposition is answers to qustions.
A:
For obtaining answers to written deposition questions from a non-party without requiring their personal appearance in California, the appropriate form to use is SUBP-025, titled "Deposition Subpoena for Production of Business Records."
Here's why:
- SUBP-010 is a Civil Subpoena (Duces Tecum) used to compel a personal appearance and production of documents at a trial or hearing. It is not suitable for depositions or for situations where no personal appearance is required.
- SUBP-020 is a Deposition Subpoena for Personal Appearance, used when you need a non-party to appear in person for a deposition. It doesn't apply when you only need written responses without their appearance.
By using SUBP-025, you can request the non-party to provide written answers to specific questions (considered as "business records" in this context) without requiring them to appear in person. This form is designed for obtaining documents or records from a non-party and can be adapted to include written responses.
Steps to proceed:
1. Complete Form SUBP-025: Clearly specify the written questions you want the non-party to answer. Include detailed instructions to ensure they understand that no personal appearance is required—only written responses.
2. Serve the Subpoena: Follow California's rules for serving a deposition subpoena on a non-party, ensuring proper notice and timing as per the Code of Civil Procedure.
3. Allow Adequate Time: Provide the non-party with sufficient time to prepare and return their written responses, as stipulated by California law.
Note: Depositions by written questions are governed by California Code of Civil Procedure Sections 2028.010–2028.080. It's important to comply with these statutes to ensure your subpoena is valid and enforceable.
Recommendation:
Consider consulting with an attorney or the court clerk to ensure all procedural requirements are met. They can provide guidance specific to your situation and help you avoid any legal pitfalls.
A:
Here are some self help videos on Discovery.
https://saclaw.org/learn/self-help-videos/
Specifically related to Subpoena's
https://saclaw.org/resource_library/discovery-business-records-subpoena-for-consumer-employee-records/
You can find answers to all your questions online at this site. It may take a little searching to find it... but this is a good place to start.
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