Q: Opposition to Motion to Quash subpoena for business records by non-party to lawsuit.

A: In California, when a non-party files a motion to quash a plaintiff's subpoena for business records, the plaintiff's opposition is governed by California Code of Civil Procedure (CCP) Section 1987.1. This section outlines the procedure for filing an opposition, while California Rules of Court, Rule 3.1200 et seq. provides guidelines on formatting and deadlines for opposition papers. The plaintiff should address the arguments in the motion to quash and provide supporting evidence for the subpoena's validity.

A: In California, when opposing a motion to quash a subpoena for business records submitted by a non-party, you should refer to the California Code of Civil Procedure. Specifically, sections 1987 and 2020.410 provide guidelines on subpoenas and the grounds for quashing them. These statutes outline the requirements for issuing subpoenas and the permissible reasons for opposing them, such as relevance and undue burden.

Additionally, the California Rules of Court, particularly Rule 3.1340, detail the procedures for filing oppositions to motions. This rule sets the timelines, formatting, and necessary contents for your opposition document. Ensuring compliance with these rules is crucial for the court to consider your arguments effectively.

You should also cite relevant case law that supports your position, demonstrating why the subpoena should not be quashed. Present clear evidence that the requested business records are essential for your case and that complying with the subpoena does not impose an unreasonable burden. By following these statutes and rules, you can construct a strong opposition to protect your interests in the lawsuit.