Legal Question in Civil Litigation in California

what type of subpoena

I need to get phone records and bank records RE the defendants

in my civil suit. We are in the middle of discovery although they

aren't participating much. I am handling that part. I know there are

Deposition subpoenas and Civil subpoenas. I just want

documents/records that pertain to the case. I do not need these

companies to testify. Since I don't have a deposition date or

hearing date..do I just put the date I want the info by on the

Deposition form? On a Civil subpoena..do I put the trial date? Both

forms seem to require a hearing/trial/deposition date.

Also, how do I get the records from the court if I file a Civil

subpoena. I understand the custodian of records must send the

records to the court...not me.


Asked on 3/05/05, 4:27 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: what type of subpoena

I'm not certain a party in pro per may sign his/her own subpoena. Nevertheless, you would want a deposition subpoena duces tecum (not a civil -- or trial -- subpoena). There are check boxes to not require the custodian to appear, but only produce records. You will have to designate an appropriate service to receive the records. You also will have to provide the other side with a Notice to Consumer, since the documents you seek are consumer records. Then the other party may file an objection, motion to quash, seek a protective order, etc. Don't be surprised if the phone company stonewalls. They don't produce records with a simple request.

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Answered on 3/05/05, 6:06 pm


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