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Frequently
Asked Questions
About
Document Subpoenas
| Q. | WHEN IS A "NOTICE
TO CONSUMER" REQUIRED? |
| 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." |
| Q. | WHAT SHOULD THE NOTICE SAY? |
| 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. |
| Q. | HOW SHOULD THE NOTICE BE SERVED? |
| 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). |
| Q. | DO THE OTHER PARTIES TO THE CASE HAVE TO BE GIVEN NOTICE? |
| 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. |
| Q. | WHEN CAN THE WITNESS BE SERVED? |
| 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. |
| Q. | HOW SOON CAN WE GET THE RECORDS AFTER THE SUBPOENA IS SERVED? |
| A. | The date for production of the records must be at least 15 days after the date the witness is served with the subpoena. |
| Q. | WHO COPIES THE RECORDS? |
| A. | County-Legal's staff of fully trained Registered Professional Photocopiers can go to any location and copy the records. |
| Q. | WHAT IF I LOSE THE RECORDS OR IF THEY ARE DAMAGED? |
| 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. |
| Q. | DO THE NOTICE REQUIREMENTS APPLY TO FEDERAL CASES OR TO CASES WHERE THE DOCUMENTS ARE NOT "CONSUMER RECORDS"? |
| 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. |
| Q. | DOES THE NOTICE REQUIREMENT APPLY TO EMPLOYMENT RECORDS? |
| A. | Yes, under Code of
Civil Procedure Section 1985.6.
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