Q: Are fictitious names of deposition officer and of witness permitted in proof of service of Subp-010, page 2?
Personal service on non-party witness of SUBP-010 in discovery.
Is proof of service, page 2 of Subp-010 served on witness?
Are fictitious names of deposition officer and of witness permitted in proof of service of Subp-010, page 2?
What statute or rule defines?
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A:
In California civil litigation, fictitious names are generally not permitted on proof of service forms for deposition subpoenas (SUBP-010). The proof of service must contain accurate, complete information about both the deposition officer and witness being served.
California Code of Civil Procedure § 2020.210-2020.230 and California Rules of Court, Rule 3.1110(b) govern the requirements for subpoena forms and proof of service. These rules require that legal documents contain true and correct information to ensure proper notice and maintain the integrity of the legal process. Using fictitious names could invalidate the service and potentially result in sanctions.
You should include the actual name of the deposition officer who will conduct the deposition and the full legal name of the witness being served. The proof of service on page 2 of form SUBP-010 must be completed at the time of service and should include the server's declaration under penalty of perjury that the information provided is true and correct. If you need to protect sensitive information, there are other legal mechanisms available, such as filing documents under seal or requesting a protective order from the court.
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