.: Frequently Asked Questions
Listed below and to the right are three sections containing answers to the most common questions regarding Document Subpoenas, Process Serving, and Court Filings.
DOCUMENT SUBPOENAS
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WHEN IS A "NOTICE TO CONSUMER" REQUIRED?
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| A. |
Document subpoenas are governed by California Code of Civil Procedure Section 1985.3. That Section provides specific procedures to be followed when the records sought are "personal records" of a "consumer."
"Personal records" are records maintained by doctors, lawyers, banks, hospitals, insurance agencies, escrow companies, etc.
A "consumer" is any individual, partnership of five or less members, association or trust that has done business with the doctor, lawyer, bank, etc. The consumer may or may not be a party to the action.
In these situations, before the witness is served with the subpoena, the consumer must be served with a "Notice to Consumer."
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| Q. |
WHAT SHOULD THE NOTICE SAY?
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| A. |
The Notice must inform the consumer that records regarding him or her are being sought and must advise that the Consumer may object to the release of the records. County-Legal has developed a form for the Notice that is accepted in all California Courts and can prepare the notice for you if you prefer.
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| Q. |
HOW SHOULD THE NOTICE BE SERVED?
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| A. |
The Notice may be served by hand delivery or by mail. If the consumer is a party, his or her attorney can be served. We recommend hand service because it shortens the time frame for the records to be produced (see "How Soon Can We Get the Records..." below).
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| Q. |
DO THE OTHER PARTIES TO THE CASE HAVE TO BE GIVEN NOTICE?
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| A. |
All parties to the action must be given notice of the subpoena. This can be done by mail or hand delivery. County-Legal's standard procedure always includes sending notice to all parties. Be sure to let us know if you want it served by hand or by mail.
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| Q. |
WHEN CAN THE WITNESS BE SERVED?
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| A. |
If the Notice to Consumer is served by hand, you must wait five days after the notice is served before serving the witness. If the Notice is served by mail, the waiting period is extended to ten days from the date of mailing.
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| Q. |
HOW SOON CAN WE GET THE RECORDS AFTER THE SUBPOENA IS SERVED?
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| A. |
The date for production of the records must be at least 15 days after the date the witness is served with the subpoena.
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| Q. |
WHO COPIES THE RECORDS?
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| A. |
County-Legal's staff of fully trained Registered Professional Photocopiers can go to any location and copy the records.
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| Q. |
WHAT IF I LOSE THE RECORDS OR IF THEY ARE DAMAGED?
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| A. |
County-Legal maintains a electronic library of every record that we copy. You, or any other party to a case, can call our office at any time to request additional copies.
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| Q. |
DO THE NOTICE REQUIREMENTS APPLY TO FEDERAL CASES OR TO CASES WHERE THE DOCUMENTS ARE NOT "CONSUMER RECORDS"?
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| A. |
These requirements do not apply to cases pending in the Federal courts, or to subpoenas which do not seek production of consumer records. But you must still give all of the parties notice that you are subpoenaing records. County-Legal prepares and serves that Notice of Subpoena as part of our standard procedure.
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| Q. |
DOES THE NOTICE REQUIREMENT APPLY TO EMPLOYMENT RECORDS?
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| A. |
Yes, under Code of Civil Procedure Section 1985.6. |
County Legal Attorney Services, LLC |
1023 H Street, Suite B3
Sacramento, CA 95814
Phone: (916) 446-4890
Fax: (916) 446-4892
Email: info@county-legal.com |
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PROCESS SERVING
| Q. |
WHEN ARE WITNESS FEES REQUIRED AND HOW MUCH ARE THEY?
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| A. |
Generally, witness fees are payable anytime a witness is required to appear at a deposition, trial or hearing. To make your job easier, at your request, County-Legal Service will calculate the fees and advance them on your behalf at the time of service.
State Court Cases:
Personal Appearance: In State Court cases, the witness fee for personal appearance at a deposition or hearing or trial is $35.00, plus $.20 per mile, round trip. The fee must be paid at the time of service if the witness demands it. Otherwise it can be paid at the time of the appearance.
Business Records: Where the subpoena calls only for production of records, a $15.00 fee must be paid at the time of service of the subpoena.
Federal Court Cases:
In Federal Court Cases, the fee for personal appearance is $40.00, plus $.405 per mile, round trip. The fee must be paid at the time of service.
There is no strict requirement for payment of a witness fee when serving a subpoena for records in Federal cases; however many locations require a $15.00 fee.
Special Provisions Regarding Peace Officers: Subpoenas requiring a personal appearance by a peace officer, testifying about matters arising from his or her official duties, must be accompanied by a $150.00 witness fee payable to the police department, sheriff's office, etc.
Expert Witnesses: Expert witnesses are entitled to receive their usual hourly rate. Generally, these fees are paid immediately after the deposition or hearing.
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| Q. |
WHAT IS SUBSTITUTED SERVICE AND WHEN IS IT PROPER?
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| A. |
Substituted service (also known as "sub-service") is permissible only when serving a Summons and Complaint. It permits service of a defendant by serving someone other than the defendant him or herself (or someone other than a corporation's designated agent for service) and then mailing copies of the documents to the defendant (or authorized agent).
Corporations may be sub-served on the first attempt at serving. Individuals, however, may be sub-served only after diligence is established by making at least 3 attempts on three different days, at different times. Individual courts may have stricter requirements for sub-service that dictate the times of day when attempts must be made.
County-Legal closely monitors each court's requirements for establishing diligence and makes certain that these requirements are met before completing substituted service.
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| Q. |
SHOULD I SERVE ORIGINALS OR COPIES?
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| A. |
Generally, original documents should not be served. The original Summons, for example, must be filed with the court in order to obtain a default judgment. Original subpoenas, discovery requests, etc. should be retained in your files.
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| Q. |
HOW MANY COPIES SHOULD I GIVE TO County Legal?
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You should provide County-Legal with 2 copies of each document to be served. |
COURT FILINGS
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WHEN ARE FILING FEES REQUIRED?
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| A. |
State Court Cases:
In State court matters, filing fees must be paid when the complaint or petition is filed, when the defendant(s) appear in the case for the first time, when filing a cross-complaint, and whenever a motion is filed.
First Papers: Each County sets its own filing fees for first papers (i.e., the Complaint, Answer or Demurrer, etc.).
Motion Fees: Motion fees are currently $40.00, except summary judgment motions, which have a $200.00 filing fee.
Limited Civil Case: Less than $10,000 is $180.00.
Limited Civil Case: Greater than $10,000 but
Less than $25,000 is $300.00.
Unlimited Civil Case and Family Law: Fee is $320.00.
Complex Filing Fee is $550.00.
Federal Court Cases:
In District Court cases, the only filing fee is $150.00 when the action is commenced. There is no first appearance fee charged to the defendant(s), and no motion fees.
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| Q. |
HOW MANY COPIES DO I NEED TO GIVE TO County Legal?
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| A. |
In District Court cases, the original document, plus two copies.
In State courts, the original plus one.
In Bankruptcy Court, the original plus three.
Courtesy copies to the judge: If you want us to deliver a courtesy copy to the judge, we will need an extra set of the documents.
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| Q. |
WHAT IS THE DIFFERENCE BETWEEN A "RECEIVED" DOCUMENT AND A "FILED" DOCUMENT?
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| A. |
Documents that are returned from court stamped "Filed" have been placed in the official case file. "Received" documents are not placed in the file.
Documents such as orders that have not yet been signed by a judge are always received -- they are only filed after the judge has signed them.
In addition, in some courts, settlement conference statements are treated as confidential documents that are received and reviewed by the judge conducting the settlement conference, but which are not placed in the public file. |
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