Blank Subp 002 PDF Template

1. What is a SUBP-002 form?

   A SUBP-002 form, commonly referred to as a Civil Subpoena (Duces Tecum), is a legal document used in California. It orders an individual or representative of an entity to appear at a trial or hearing and produce documents, electronically stored information, and things for examination. Additionally, it may require personal appearance unless excused or agreed upon otherwise.

2. When is a SUBP-002 form used?

   This form is used in legal proceedings when a party needs to obtain evidence held by someone not involved in the lawsuit. Its primary purpose is to command the production of specific documents or items relevant to the case at a trial or hearing.

3. Who can issue a SUBP-002 form?

   A SUBP-002 form can be issued by an attorney on behalf of a client or by a party directly if they are representing themselves in a legal action. The form must be filled out accurately, indicating the attorney or party without attorney's information, court details, and the nature of documents or things required.

4. How is the SUBP-002 form served?

   The SUBP-002 must be served to the individual or entity in possession of the requested documents or items. Service can be done personally, by a sheriff, marshal, registered process server, or by someone over the age of 18 who is not a party to the case. Proof of service, detailing how and when the subpoena was served, must be completed and returned to the issuing party.

5. Are there any fees associated with serving the SUBP-002 form?

   Yes, individuals serving the subpoena may be entitled to witness fees and mileage if requested at the time of service. The fees should be requested before the scheduled appearance from the issuing party.

6. What happens if someone fails to comply with a SUBP-002?

   Failing to comply with a SUBP-002 may result in contempt of court. Additionally, the non-complying party can be liable for a $500 penalty and any damages resulting from the failure to obey the subpoena.

7. Can a SUBP-002 form be objected or quashed?

   Yes, if a party believes the subpoena is unreasonable, oppressive, or seeks privileged information, they can file a motion to quash (cancel) or modify the subpoena. Any objection or motion to quash must be filed before the date specified for document production and preferably shortly after the subpoena is served.

8. How should records be produced under a SUBP-002?

   Records should be produced as described in the subpoena, including placing records in a sealed envelope with the custodian's declaration and mailing them to the court clerk’s address provided in the subpoena. If producing documents as a custodian, specific guidelines outlined in the Evidence Code sections 1560-1562 must be followed to ensure compliance.

Filling out the Subp 002 form, a Civil Subpoena (Duces Tecum) for personal appearance and production of documents, electronically stored information, and things at trial or hearing, seems straightforward but can lead to errors if not done carefully. Here are five common mistakes people make when completing this form:

1. Not fully identifying the attorney or party without an attorney by missing out key details like the State Bar number or failing to provide a complete address. It's crucial that this section is filled accurately to ensure legitimacy and proper communication.

2. Inadequately specifying the name of the court and case details, including the case number and branch name. Precision here is necessary as it directs the subpoena to the correct jurisdiction and associates it with the proper case.

3. Omitting the witness's information, including their name, address, and telephone number, when known. This is essential to ensure the subpoena is served to the correct individual and that they have the necessary details to comply.

4. Failing to correctly describe the documents or electronically stored information to be produced. Vagueness in this section can lead to confusion or non-compliance, as the respondent may not understand what is required of them.

5. Overlooking the witness fees section. Witnesses are entitled to fees and mileage, and failure to address this may result in non-compliance or additional legal complications. This mistake could be costly and lead to delays in the legal process.

Avoiding these mistakes requires attention to detail and an understanding of the form's requirements. Each section should be reviewed thoroughly before the form is considered complete. Accuracy and completeness are key to ensuring the subpoena is legally binding and effective in its purpose.

When dealing with legal procedures, especially in the context of gathering evidence for a trial or hearing, a Civil Subpoena Duces Tecum, such as the SUBP-002 form, is a powerful tool. This form is commonly accompanied by several other key documents to ensure comprehensive and compliant evidence collection and witness management. Understanding these accompanying documents can make the legal process more navigable and effective.

• Proof of Service: This certificate verifies that the subpoena was delivered to the person named, detailing when, where, and how the subpoena was served. Accurate service is crucial for compliance and to uphold legal requirements.
• Declaration in Support of Motion to Quash Subpoena: If a recipient believes a subpoena is unreasonable or oppressive, they may file this declaration to dispute its demands. This document outlines the grounds on which the subpoena is challenged.
• Notice to Consumer or Employee and Objection: When personal records are requested, this notice is required to inform the consumer or employee about the subpoena. The recipient has an opportunity to object to the records' release, offering a layer of privacy protection.
• Declaration of Custodian of Records: This declaration accompanies the produced records, affirming that they are true and complete copies of the originals. It ensures the authenticity of the documents and compliance with the subpoena's requirements.

The interplay among these documents ensures that the process of subpoenaing information is not only effective but also respects the rights and obligations of all involved parties. They form a necessary ecosystem around the SUBP-002 form, underlining the importance of detail, accuracy, and legality in judicial procedures. Understanding each document's role and requirements can significantly aid in navigating the complexities of legal evidence gathering.

• The Summons form, similar to the SUBP-002, is used to officially notify a defendant that a lawsuit has been filed against them, including such details as case number, court location, and the parties involved. Like the SUBP-002, it requires action from the recipient – specifically, to appear in court or respond by a certain date, and outlines the consequences of failing to comply.

• The Notice to Appear form, much like the SUBP-002, commands individuals to attend a court hearing or deposition at a specified time and place. It details the nature of the legal matter and what is expected from the person it's issued to, ensuring they understand their obligation to participate in the legal process.

• The Request for Production form shares similarities with the SUBP-002 in that it formally requests the recipient to produce documents, electronically stored information, or other tangible items for legal examination. It specifies what is being requested and sets a deadline for compliance, ensuring the requesting party can thoroughly prepare for their case.

• The Interrogatories form, while primarily used for written questions that the opposing party in a lawsuit must answer in writing under oath, shares the SUBP-002's goal of eliciting information relevant to the legal proceedings. Both documents are tools in the discovery process, designed to gather evidence and clarify the positions of the parties involved.

• The Deposition Notice form, akin to the SUBP-002, is utilized to inform a person that they are expected to give oral testimony under oath before a court-appointed officer. It sets forth the time and location for the deposition and often lists the topics to be discussed, playing a crucial role in the discovery phase of litigation.

• A Writ of Attachment form, while focused on the securing of assets before a trial concludes, parallels the SUBP-002 in its legal authority to mandate action. It directs law enforcement or another designated authority to seize assets, emphasizing the court's power to enforce its orders and ensure compliance with its directives.

• The Order to Show Cause form, similar to the SUBP-002, is a court order that requires an individual or entity to appear in court and explain or justify why a specific order should not be made. It notifies the recipient of the legal action being considered and provides them an opportunity to respond, embodying the legal system's commitment to fairness and due process.

When filling out the Subpoena (Form SUBP-002), ensuring accuracy and compliance with legal requirements is crucial. Here’s a comprehensive guide on what you should and shouldn’t do to avoid common pitfalls and ensure the process is handled correctly.

What You Should Do:

1. Review the entire form before you start to fill it out, making sure you understand each section and its requirements.
2. Use black ink or type the information to ensure that everything is legible and can be read clearly by the court and other parties.
3. Provide accurate and complete information for the attorney or party without an attorney, including the State Bar number and full address.
4. Fill in the court information correctly, including the name of the court, its address, and the branch name if applicable.
5. Clearly identify the plaintiff/petitioner and defendant/respondent with their full legal names to avoid any confusion.
6. Be detailed and specific when listing the documents, electronically stored information, or things you are requesting in the subpoena. Vagueness can lead to non-compliance or delays.
7. Attach any additional pages or declarations that support your request for the production of documents or things, ensuring they are securely attached to the form.
8. If accommodations are needed for a disability, fill out and submit the Request for Accommodations by Persons With Disabilities (form MC-410) well in advance of the appearance date.
9. Sign and date the form where indicated, acknowledging your understanding and the accuracy of the information provided.
10. Retain a copy of the completed form and any attachments for your records and proof of compliance.

What You Shouldn’t Do:

• Don’t rush through filling out the form. Errors can lead to delays or dismissal of your subpoena request.
• Don’t leave any required fields blank. If a section does not apply, indicate with “N/A” (not applicable) instead of leaving it empty.
• Don’t attempt to serve the subpoena yourself if you are a party to the case. Use a non-party over the age of 18 or a professional service.
• Don’t forget to press the “Clear This Form” button after printing if you are filling out the form electronically on a public computer, to protect your privacy.
• Don’t serve the subpoena without also providing the required witness fees and mileage, if applicable, as this could invalidate the service.
• Don’t ignore any court rules or local requirements related to subpoenas, which can vary from one jurisdiction to another.
• Don’t forget to provide contact information and instructions in case the recipient has questions about the subpoena.
• Don’t alter the form’s structure or content outside of the provided fields and instructions.
• Don’t neglect to include the case number, which is crucial for ensuring the subpoena is properly filed and recognized by the court.
• Don’t serve the subpoena without first verifying the accuracy of all the information and ensuring all necessary attachments are included.

Many people have misconceptions about the Subp 002 form, often leading to confusion and mistakes in its usage and interpretation. Here's a clear breakdown of the most common misunderstandings:

• It's only for attorneys: Many believe that the SUBP-002 form is exclusive to attorneys. However, this document can be used by any party involved in a legal proceeding, not just by attorneys. The form clearly allows for "ATTORNEY OR PARTY WITHOUT ATTORNEY" to issue it.
• Privacy concerns: The instruction to "press the Clear This Form button" is sometimes misunderstood as a privacy measure that makes the filled form invisible to others online. This instruction is actually about clearing the form on the website after printing, to prevent personal information from being accessible on a shared computer.
• Witness fees are optional: A common misconception is that witness fees are at the discretion of the witness or can be negotiated. In reality, witnesses are entitled to fees and mileage as specified by law, if requested at the time of service.
• Subpoena compliance is flexible: Some believe that if you receive a subpoena, there's flexibility in how and when to comply. The truth is, failure to comply as ordered can result in penalties, including being held in contempt of court.
• Electronic information doesn't need to be provided: The form specifically mentions the production of documents, electronically stored information, and things. This includes emails, digital files, and other electronic data relevant to the case.
• Any document can be requested: There's a misconception that you can use this form to request any document you wish. The requested documents must be relevant to the case, and there must be good cause for their production, as outlined in the declaration of the subpoena.
• Immediate compliance is required: Upon receiving the subpoena, some believe they must immediately comply. There are specified dates and times for compliance, providing the recipient with preparation time.
• No consequence for non-compliance: There's a false belief that there are no real consequences for failing to comply with a subpoena. However, the form explicitly states that disobedience may be punished as contempt by the court, in addition to a fine and liability for damages.
• Clearing the form ensures security: Finally, the notion that pressing "Clear This Form" enhances the security of your information implies a misunderstanding. This function is about user convenience and privacy on public or shared devices, not about the overall security of the information exchanged in legal processes.

Understanding these misconceptions can greatly aid parties and witnesses involved in legal processes, ensuring clearer communication and compliance with legal requisites.

Understanding how to fill out and use the Subp 002 form is crucial for anyone involved in a legal case where the production of documents, electronically stored information, or things at trial or hearing is necessary. Here are five key takeaways to keep in mind:

• Clear the Form for Privacy: After printing the Subp 002 form, it's advised to press the "Clear This Form" button for privacy reasons. This step ensures that the personal information inputted into the form isn't easily accessible to others afterward.
• Compliance with Subpoena Requirements: If you're subpoenaed as a custodian of consumer or employee records, understand that before you're compelled to produce these records, a court order, or agreement from all parties involved must be in place especially if there's been a motion to quash or an objection. This protects the privacy and rights of the individuals whose records are in question.
• Possible Exemption from Physical Appearance: If you can provide the requested records along with a declaration of custodian of records in compliance with specified Evidence Code sections, your physical appearance might not be necessary. This is a crucial provision that can save time and resources for those who are able to comply with the subpoena in this manner.
• Witness Fees and Mileage Compensation: Those who are required to appear as witnesses should be aware that they are entitled to fees and mileage compensation for their travel. This compensation must be requested at the time of service or prior to the scheduled appearance. It's an important aspect that witnesses should not overlook.
• Consequences of Disobedience: It is imperative to understand that failing to comply with the subpoena can lead to being punished for contempt by the court. Additionally, there could be a financial liability of five hundred dollars plus damages resulting from the failure to obey the subpoena. This highlights the importance of adhering to the directives outlined in the Subp 002 form.

Being informed about these key aspects can make navigating legal obligations more manageable and ensure compliance with the court's demands.