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What Is Subpoena? A subpoena is a formal written order that requires a person to appear before a court or other legal proceedings (such as a Congressional hearing). The order is a demand to testify or produce documentation.
The burden of proof rests on the subpoenaing party to make a clear and convincing showing that the privilege does not apply.
The two most common subpoenas are the Subpoenas Duces Tecum and the Witness Subpoenas for a court proceeding or deposition.
There are several errors, including improper signatures, issuing the wrong type of subpoena, and insufficient service or notice, that can lead to an invalid subpoena in California.
The subpoena must be signed by an OAH judge or by an attorney representing parents prior to being sent to the witness or person who has documents needed. Subpoenas for documents must identify the person, business or organization that has the documents and describe the documents to be produced.
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How to Respond to a Subpoena Read the Subpoena Carefully: Make sure you understand exactly what is being requestedwhether its documents, testimony, or both. Provide Documents in the Requested Format: If the subpoena asks for documents, you are required to provide them in the format you usually maintain them.
A valid subpoena should include the following: The name of the court issuing the subpoena. The name, address, and contact details of the attorney who initiated the subpoena. The names of the parties involved.
The party must bring a subpoena form (AO-88, AO-88A or AO-088B) and be prepared to provide the case name and case number. The clerk will issue a subpoena, signed but otherwise in blank, to the requesting party. The party must complete the subpoena before service.

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