Subp 002 instructions 2025

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Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests.
Completing the Subpoena Provide basic information. The subpoena will ask for the names of the plaintiff and defendant of the lawsuit as well as the case number and docket number. Identify the phone records with sufficient detail. Prepare other required documents. Submit your paperwork to the court.
Obtain the CA SUBP-002 form from the appropriate court website or office. Begin filling out the form by entering the case number at the top of the document. Indicate your name and contact information in the designated sections. Provide details about the party you are serving, including their name and address.
There are four grounds for moving to quash for which the court must grant the motion: (1) when the subpoena provides an unreasonable time for compliance, (2) when the subpoena requires a person to travel beyond the 100-mile limit set out in Rule 45(c), (3) when the subpoena seeks privileged or other protected material,
Valid reasons to get out of a subpoena may include: Did not receive or was not personally served with a subpoena; Medical emergency. Family emergency. Self-incrimination (5th amendment) Privilege.
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Valid objections would include the following: The subpoena did not give the statutory amount of time to respond. You need more time to respond. The subpoena was issued to an incorrectly named entity. The request was overly broad and unduly burdensome. The request would require the production of trade secrets.
Current through the 2024 Legislative Session. The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena is based is served on the person served with the subpoena.
The general way you oppose a subpoena is by filing a motion to quash. So if you are not relevant to the case you can file a motion and say that. The Court will hold a hearing and determine if your testimony is relevant if that relevance overcomes other ojections you might have.

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