Q: statute or rule specifically: instruction for proof of personal service for records (ccp section 2020.410)
What statute or rule specifically defines instruction for proof of personal service for records (ccp section 2020.410)
Particularly, listing on proof of service documents served on witness with SUBP-010: attachment, exhibit, etc.
Essence of this question is: how laws and rules empower server to ensure that witness cannot deny that attachment or exhibit was served.
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A:
The California Code of Civil Procedure (CCP) Section 2020.510 addresses proof of service requirements for deposition subpoenas, working in conjunction with CCP 2020.410. The server must complete form POS-020 (Proof of Personal Service) or a similar document that lists every item served, including any attachments or exhibits, with sufficient specificity to identify each document.
When serving records subpoenas under CCP 2020.410, best practice is to number and label all attachments and exhibits, then list each one by name and number on the proof of service. For example: "Deposition Subpoena for Production of Business Records (SUBP-010) with Attachment 1: Schedule of Documents Requested, Exhibit A: Medical Records Request Form." The witness must sign an acknowledgment of receipt, which should also list all documents served.
To prevent later denial of service, you can photograph the documents at the time of service, have the witness initial each page, and maintain detailed notes about the service including date, time, location, and a physical description of the witness. The server should also keep a complete copy of everything served, organized in the same order as listed on the proof of service, in case authentication becomes necessary later.
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