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Responding To A Subpoena In California: A Legal Guide For Businesses

It is urgently important that you understand the California subpoena response process. Ignoring a subpoena could lead to financial sanctions or contempt of court.

The experienced service of subpoena attorneys at Coleman & Horowitt, LLP, can assist. Our lawyers can help you understand how to respond to a subpoena and offer sophisticated and comprehensive solutions in Fresno.

Do You Have To Respond To A Subpoena?

Yes. A California subpoena response is required for a valid subpoena. You typically have to respond within 15 days after service or 20 days after issuance. Failing to do so can lead to fines and/or being held in contempt of court.

What Happens If A Subpoena Is Not Served Correctly?

Though there are some cases where a subpoena can be served by mail or email with acknowledgement, but valid service of subpoena often must be:

  • Done in person
  • Served upon the witness directly

Improper service can lead to a motion to quash subpoena, though it can help to have legal assistance, rather than ignoring a subpoena on a technicality.

Subpoena For Business Records Vs. Personal Appearance

A subpoena for business records is known as a Subpoena Duces Tecum in California. Appropriate records and documentation are being requested from the party being served. This is different from a subpoena for testimony from that party directly.

Under California Code of Civil Procedure (CCP) § 1985.3, A Notice To Consumer is required prior to serving a subpoena for records. Consumers may have a chance to object, as their personal data is in those records.

Valid Grounds For Objecting To A Subpoena

Along with understanding the California subpoena response process, it’s necessary to consider ground to object, such as:

  • Overbreadth
  • Attorney-client privilege
  • Trade secret protection
  • Undue burden

It can also help to consider procedural errors, such as failure to notify a consumer.

How Do You Respond To A Subpoena In California?

To respond to a California subpoena, you must either comply by providing the requested documents or testimony by the deadline, or serve a formal written objection. If the subpoena is overbroad or seeks privileged information, your attorney may file a Motion to Quash to challenge its validity in court.

Call For A Consultation

If you have questions about California subpoena response guidelines in Fresno, dial 559-343-2648 or use the online contact form to schedule a consultation with Coleman & Horowitt, LLP.