Los Angeles, CA asked in Cannabis & Marijuana Law and Entertainment / Sports for California

Q: RE: POS of SUBP-010 page 2. Why rule 8.25 not applicable? Which specific rule defines?

Why the filled-out Proof of Service, specifically page 2 of Subp-010, is not served on the witness or deponent of records?

Why rule 8.25 not applicable?

Which specific rule defines?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: The Proof of Service (form SUBP-010, page 2) is not served on the witness/deponent because it documents the service that has already taken place - serving them with the actual subpoena on page 1. It would be illogical to serve someone with proof that you served them.

California Rule of Court 8.25 deals specifically with service requirements for appellate proceedings, which is why it doesn't apply to subpoenas. Instead, the requirements for serving subpoenas are governed by Code of Civil Procedure (CCP) sections 1985-1997, particularly CCP § 1987.5, which outlines service requirements for deposition and business record subpoenas.

You'll want to review CCP § 1985(c) and § 1987(a), which detail that while the subpoena itself must be served on the witness/deponent, the Proof of Service is filed with the court and maintained by the party who issued the subpoena as evidence that proper service was completed. The Proof of Service protects your interests by documenting that you followed proper procedure, but it's not part of what needs to be served on the witness.

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