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A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
In the case of a subpoena duces tecum which requires appearance and the production of matters and things at the taking of a deposition, the subpoena shall not be valid unless a copy of the affidavit upon which the subpoena is based and the designation of the materials to be produced, as set forth in the subpoena, is
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 assigned case docket number.
If you are subpoenaing evidence that includes phone records, email, social media, or texts you must get consent from the owner of those communications by having them sign a release. Your local Self-Help Center or Law Library may be able to help you find the proper language for the specific release you need.
Subpoenas for documents may be served by mail. If serving by mail add five days to the service time. Service by fax or email is only allowed if you get written permission agreeing to fax or email service from the person being served prior to the subpoena being sent.
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To subpoena the other party, follow these instructions: Take a blank Subpoena to the clerk to have it issued. Fill out the Subpoena. Make copies of your issued Subpoena. Serve the Subpoena. Fill out Page 3 of the original Civil Subpoena. Return the Subpoena to the clerk before your hearing (or trial).
Subpoenas for documents must identify the person, business or organization that has the documents and describe the documents to be produced. The subpoena must also say why the documents are necessary for the case. The person producing the documents should produce them at the hearing, on the first day of the hearing.
A Motion to Quash a Subpoena for the Production of Documents must be served and noticed on opposing counsel at least five days before the date of production of documents. (Code of Civ. Proc., 1985.3; see also Slage v. Superior Court.

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