Q: Does Plaintiff have 10 days to take action if witness does not provide records in response to subpoena for records
Does Plaintiff have 10 days to take action if witness does not provide records in response to discovery subpoena for records?
What statute/rule define that?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California Code of Civil Procedure (CCP) § 2025.480(b), you have 60 days from the date of completion of the record production (or lack thereof) to file a motion to compel. The 10-day deadline you're referring to might be confused with other discovery timelines in California civil procedure.
If a witness fails to produce records in response to a records subpoena, you should first attempt to meet and confer with the opposing party or witness to resolve the issue informally. This is required before filing any motion to compel, as courts expect parties to make reasonable attempts to resolve discovery disputes without court intervention.
Keep in mind that if you wait too long to take action, you risk waiving your right to compel the production of documents. While you have 60 days to file the motion, it's best practice to address non-compliance promptly through a meet and confer letter, followed by a motion to compel if necessary. The motion should include a declaration detailing your good faith attempts to obtain the records without court intervention.
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.
