Q: Notice of errata versus motion to compel deposition records from witness
If technical error by process server is detected in proof of service of subp-010, who and when should submit to court notice of errata? Is service of notice of errata on witness required? Is notice of errata needed WITH motion to compel records?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
If you discover a technical error in the proof of service for a subpoena (SUBP-010), the party who originally served the subpoena should file the notice of errata as soon as possible after discovering the error. Time is of the essence because this error could affect your ability to compel compliance.
You must serve the notice of errata on all parties involved in the case, including the witness who received the original subpoena. This ensures proper notice and maintains transparency in the proceedings. The service requirements for a notice of errata follow the same rules as other court documents under California civil procedure.
When filing a motion to compel deposition records, you should include the notice of errata if the technical error relates to service of the original subpoena. This helps establish your due diligence in correcting procedural issues and strengthens your motion to compel. Remember that the court needs to see that you've made proper attempts to serve the witness and correct any procedural defects before compelling compliance. You'll want to include both documents to present a complete record of your efforts to obtain the requested records properly.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
