For opposing discovery deposition subpoena on non-party witness.

Question

Does inconsistency in identification of deposition officer in discovery subpoena form SUBP-010 and in Proof of Service of SUBP-010  represent valid cause to oppose subpoena?  
What specific statute or rule of court defines opposition to subpoena - in general and specific to the situation.

James L. Arrasmith · Answer

Under California Code of Civil Procedure § 1985-1997 and California Rules of Court, an inconsistency in identifying the deposition officer between the SUBP-010 form and its Proof of Service could potentially be grounds for objection, though this alone may not be sufficient for quashing the subpoena entirely. 
 
You can file written objections to the subpoena under CCP § 1987.1, which allows you to seek relief from the court when there are defects in form or service. The specific grounds for opposing a subpoena are outlined in CCP § 1985.3 and § 1987.1, including improper service, insufficient notice, failure to provide witness fees, undue burden, and procedural defects - which could include inconsistencies in critical information like the deposition officer. 
 
For the most effective opposition, you should combine this technical defect with other substantive grounds if available, as courts generally prefer to address the merits rather than dismiss on technical grounds alone. Consider citing Deposition Subpoena: California Practice Guide (Rutter Group) which provides detailed analysis of grounds for opposing subpoenas, and remember to file your written objections at least five days before the deposition date as required by CCP § 1985.3(g).

Q: For opposing discovery deposition subpoena on non-party witness.