Legal Question in Civil Litigation in California

Deposition Subpoena

Can a deposition subpoena for production of business records be issued by a non-attorney who is representing herself?


Asked on 9/04/08, 3:18 pm

4 Answers from Attorneys
Joel Selik www.SelikLaw.com

Re: Deposition Subpoena

yes.

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Answered on 9/04/08, 3:28 pm
Anna Niemann Pro-Active Mediation

Re: Deposition Subpoena

No, a party seeking production of third party business records who is not an attorney or represented by an attorney must obtain the necessary supoena duces tecum from the court for this discovery.

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Answered on 9/04/08, 6:20 pm
Stephen Petix Quinton & Petix

Re: Deposition Subpoena

I agree with Attorney Niemann. The subpoena must be issued to the non-attorney party, in blank, by the Clerk of the Court, signed and sealed.

See California Code of Civil Procedure, Section 2020.210.

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Answered on 9/04/08, 8:23 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Deposition Subpoena

Ms. Niemann's answer is correct. A litigant can subpoena records without an attorney, but only by getting the court to issue the subpoenas for her.

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Answered on 9/04/08, 9:41 pm


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