Free Subp 002 Form in PDF

Instructions on Writing Subp 002

Filling out the Subp 002 form correctly is crucial for the legal process ahead. This document is designed for use when a party or attorney needs to order someone to appear as a witness in court, potentially with documents or other items. Start by carefully reviewing the entire form to understand what information is required. Once completed, make sure to follow through with the appropriate next steps, including serving the subpoena according to legal requirements and preparing for the court date specified. Follow these instructions to ensure the form is filled out accurately and completely.

1. Begin by entering the attorney or party's name, State Bar number (if applicable), and address under "ATTORNEY OR PARTY WITHOUT ATTORNEY" section.
2. Fill in the Telephone No., Fax No., and E-mail Address as requested.
3. Under "ATTORNEY FOR (Name):", enter the name of the individual the filing attorney or party is representing.
4. In the "NAME OF COURT", "STREET ADDRESS", "MAILING ADDRESS", "CITY AND ZIP CODE", "BRANCH NAME", "PLAINTIFF/ PETITIONER", "DEFENDANT/ RESPONDENT", and "CASE NUMBER" fields, provide all the relevant details of your case.
5. Under the section directed to the witness (THE PEOPLE OF THE STATE OF CALIFORNIA, TO), input the name, address, and telephone number of the witness, if known.
6. Provide the specifics of when and where the witness is ordered to appear ("Date", "Time", "Address", "Dept.", "Div.", "Room") in the designated boxes.
7. Check the appropriate box in section 3 to indicate whether the witness is ordered to appear in person or if they can comply without appearing, based on the instructions provided.
8. If the witness needs to provide documents or other items, specify these in the DECLARATION section located on the second page of the form. Remember to check one of the boxes indicating who you are (e.g., attorney for the plaintiff, defendant, etc.), and provide a detailed description of the items or information being requested.
9. Detail the reason(s) why these documents or items are necessary for the case in the space provided. Clearly explain the good cause and material relevance to the issues involved in the case.
10. Sign and date the bottom of the DECLARATION section, providing your printed name and title.
11. Choose the appropriate accommodation option if necessary, under "Request for Accommodations".
12. Complete the PROOF OF SERVICE section on the third page after serving the subpoena. This includes information about the person served, the date and time of service, and fees, if any.
13. Ensure that all the steps, from filling out the form to serving the subpoena, comply with the relevant legal procedures and deadlines. Double-check all entered information for accuracy.

After successfully filling out and serving the Subp 002 form, your focus should shift to preparing for the court date or hearing. This includes gathering any necessary documents, organizing witness testimony, and understanding the legal arguments relevant to your case. It's also essential to keep a copy of the completed form and any communication related to the subpoena for your records. Follow up with the subpoenaed party to confirm receipt and understanding of the requirements stated in the document. Remember, the effectiveness of this legal tool depends not only on how accurately and thoroughly you fill it out but also on how well you follow through with the subsequent legal processes.

What is a Subp 002 form?

A Subp 002 form, or more formally known as the Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing, is a legal document used in California. It compels a witness to attend a court proceeding and to bring specific documents, electronically stored information, or items that are relevant to the case.

When should the Subp 002 form be used?

This form is used when a party to a civil lawsuit in California needs a witness to provide testimony at a trial or hearing and to produce documents or other materials that are important for the case. It ensures the witness’s presence in court and the availability of the requested items for examination.

How is the Subp 002 form served?

The Subp 002 form must be personally delivered to the individual being subpoenaed. This ensures the person has received the subpoena and is aware of their obligation to appear in court and produce the required documents or items. The process must be completed by someone over the age of 18 who is not a party to the case.

What are witness fees and how do they apply?

Witnesses subpoenaed with the Subp 002 form are entitled to fees for their time and mileage costs for traveling to and from the court. These fees are required by law and must be requested at the time the subpoena is served. The party serving the subpoena is responsible for providing these fees.

What happens if the subpoena is ignored or not followed?

Ignoring or failing to comply with a Subp 002 subpoena may lead to penalties. The court can hold the disobeying party in contempt, which could result in fines, and the party may also be liable for damages caused by their failure to obey the subpoena's requirements.

Can accommodations be requested for individuals with disabilities?

Yes. The court provides accommodations for individuals with disabilities, including assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services. These requests should be made at least five days before the appearance date.

Is it possible to quash a Subp 002 subpoena?

If the person or entity receiving the subpoena believes it to be unjust or it imposes an undue burden, they have the right to object to it or seek to quash (invalidate) the subpoena. This requires filing a formal motion with the court, and usually, it must be done before the date specified for court appearance or document production.

Filling out the SUBP-002 form, which is essential for summoning a witness to provide testimony and produce documents or other materials at a trial or hearing, often involves intricate details that can be easily overlooked. One common mistake is not accurately detailing the documents or electronically stored information (ESI) that are requested. It is crucial to specify the types of documents or ESI needed, as vague descriptions may result in non-compliance or objections from the party receiving the subpoena.

Another frequent error occurs in the "ATTORNEY OR PARTY WITHOUT ATTORNEY" section, where individuals fail to provide complete or accurate contact information. This section serves as the primary means for the court and other involved parties to communicate and coordinate, making accuracy and thoroughness paramount.

Incorrectly identifying the party the attorney represents can also lead to confusion and administrative delays. The form requires a clear indication of whether the attorney is representing the plaintiff, defendant, or another party. Misrepresentation, whether accidental or not, can significantly impede the legal process.

Additionally, many fail to adequately complete the "DECLARATION IN SUPPORT OF CIVIL SUBPOENA (DUCES TECUM)" section. This declaration is vital as it justifies the need for the subpoena. Overlooking the necessity to provide a detailed explanation of why each requested document or piece of information is relevant and necessary for the case can hinder its effectiveness.

Overlooking the requirements for service of the subpoena detailed in the "PROOF OF SERVICE" section is another common mistake. Strict procedures must be followed to ensure the subpoena is legally served, including providing detailed information about when, where, and how the service was made. Failure to properly serve the subpoena may invalidate it.

Not requesting witness fees in accordance with the instructions provided often results in unnecessary complications. Witnesses are entitled to fees and mileage, which must be requested at the time of service to ensure compliance and avoid disputes over compensation.

Finally, a frequently overlooked aspect is the requirement for pressing the "Clear This Form" button after printing, for privacy protection. While this does not impact the subpoena’s legal standing, it is a critical step for safeguarding sensitive information entered into the form. This detail, while small in the context of legal procedures, underscores the importance of attentiveness to the form’s instructions and the protection of personal data.

When navigating legal processes, understanding the documents you might encounter is crucial. Alongside the Subp 002 form, which is a civil subpoena for personal appearance and production of documents, electronically stored information, and things at trial or hearing, there are several other forms and documents that are commonly used to ensure compliance and proper conduct during these proceedings. Each of these plays a pivotal role in the legal process, serving to protect the rights of all parties involved and to ensure that the necessary information is available to proceed with a case.

• Proof of Service: This document is a formal acknowledgment that the subpoena was delivered to the person named in the subpoena. It includes details about when, where, and how the subpoena was served, as well as information about the server. It is a critical component because it verifies the successful notification of the party or witness required to appear or produce documents.
• Declaration in Support of Ability to Comply: Often attached to a subpoena, this declaration allows the person or entity being subpoenaed to outline their capacity (or lack thereof) to comply with the subpoena’s demands. It details the reasons for any challenges the respondent may face in fulfilling the requirements set out in the subpoena.
• Motion to Quash Subpoena: This legal document is a request made to the court seeking to nullify the subpoena before it is fulfilled. Reasons for a motion to quash may include arguments that the subpoena is overly broad, irrelevant, or unduly burdensome. This motion is critical for protecting individuals or entities from unjust or irrelevant demands.
• Custodian of Records Declaration: Frequently used when documents or electronic information are being produced, this form is a sworn statement by the custodian of records about the authenticity and care of the records being submitted. It ensures that the documents are genuine and have been kept in the normal course of business, bolstering the credibility of the evidence being presented.

Each of these forms contributes to the integrity and orderliness of legal procedures. Whether assuring that subpoenas are properly served and fulfilled, or providing mechanisms for contestation and verification, they are all designed to uphold justice and ensure that legal processes proceed smoothly and fairly for all parties involved.

The Subp 002 form, essential for issuing a subpoena for the production of documents, electronically stored information, and things in California legal proceedings, is closely akin to the Federal Form AO 88B, a subpoena to produce documents, information, or objects or to permit inspection of premises in a federal civil action. Both forms serve the purpose of compelling the production of tangible evidence essential for litigation, although they are used in different jurisdictions—state and federal, respectively. The forms dictate the recipient's obligations, outline how and when the materials should be produced, and highlight the legal ramifications for non-compliance.

Another document resembling the Subp 002 form is the Notice of Deposition, which also functions within the discovery phase of litigation. While the Subp 002 compels the production of documents or objects, a Notice of Deposition primarily serves to compel an individual's appearance to give oral testimony under oath. Both tools are crucial for attorneys to gather evidence, but they target different types of information: one seeks tangible evidence, whereas the other focuses on verbal testimonies.

The Subp 002 form's counterpart in criminal proceedings is the Subpoena Duces Tecum issued under the authority of the relevant penal code. This subpoena type also demands the production of evidence but is used within the context of a criminal trial rather than a civil lawsuit. The objective remains the same: to collect evidence crucial for the case. However, the procedural rules and potential implications for non-compliance can vary, reflecting the differences between civil and criminal law.

Comparable in purpose to the Subp 002 form is the Summons, a document initiating a lawsuit by notifying the defendant of the action and compelling their response. While a summons does not require the production of evidence, it similarly operates under the authority of the court to mandate action by a party involved in litigation. Both documents are essential for the procedural progression of legal actions and ensure that parties are appropriately informed of requirements imposed upon them by the court.

The Written Request for Production of Documents, often used in pre-trial discovery, shares similarities with the Subp 002 form by specifying documents or other items that one party seeks from another without court intervention initially. Though less formal and without the binding nature of a subpoena, this request functions as a precursor to the Subp 002 when voluntary compliance is sought before compelling production through judicial authority.

Interrogatories, another discovery tool, though focused on obtaining answers to written questions rather than physical evidence, share a conceptual foundation with the Subp 002 form. Both are mechanisms to uncover evidence controlled by the opposing party, but interrogatories are limited to written responses, offering a complement rather than an alternative to the document and evidence production compelled by the Subp 002.

The Subp 002 is also similar to the Motion to Compel, a judicial order sought by a party when another fails to comply with discovery requests, such as those for document production. While the Subp 002 directly compels evidence production from the start, a Motion to Compel is a remedial step when initial requests are ignored, reflecting both documents' roles in enforcing compliance with discovery obligations.

Liens and Levies, instruments for securing debts or judgments by claiming property, echo the compelling nature of the Subp 002. Although their primary purpose differs—focusing on securing or satisfying debts rather than evidence production—both involve formal legal processes to mandate action by an individual or entity, demonstrating the court’s authority to enforce obligations.

Last but not least, the Court Order for Involuntary Treatment shares with the Subp 002 form the inherent nature of compelling an action under the authority of the court. While targeting completely different outcomes—one for public health and safety, and the other for litigation purposes—both documents highlight the legal system's capacity to mandate specific actions for compliance with legal or societal obligations.

When completing the Subp 002 form, a document important within the judicial process, attention to detail and procedure is crucial. This form, serving as a civil subpoena for personal appearance and production of documents, electronically stored information, and things at trial or hearing, requires both precision and careful adherence to instructions. Below are five do's and don'ts to guide you through the process effectively.

• Read the form thoroughly before filling it out to ensure you understand all the requirements and provide accurate and complete information.
• Include all mandatory fields: attorney or party without attorney name, state bar number, address, telephone number, fax number, e-mail address, court information, and details about the plaintiff/petitioner and defendant/respondent.
• Be specific in your documentation request, clearly articulating the exact documents or electronically stored information needed, ensuring the demand is lawful and relevant to the case.
• Provide accurate contact information for the issuing party or attorney, including a telephone number, to facilitate any necessary communication.
• Press the "Clear This Form" button after printing, if filling out the form electronically, to protect privacy and prevent unauthorized access to the entered information.

• Overlook the declaration section. Make sure the attached declaration or affidavit supports the production of documents, electronically stored information, or other things as required.
• Forget to offer or demand witness fees if applicable, as stated under the Witness Fees section. This step is not only a requirement but also a courtesy to the witnesses.
• Misstate the materiality and relevance of the documents or electronically stored information to the case in the declaration section. This could affect the credibility of your request.
• Skip the service proof section. Upon serving the subpoena, completing the Proof of Service section accurately records the service's details, which is essential for the court's records and further proceedings.
• Disregard the need for a "Clear This Form" button for online submissions, if applicable. Always ensure that personal or sensitive information is protected after completing the form.

Many individuals, including legal professionals and laypersons alike, often encounter misconceptions about the SUBP-002 form, a legal document used in California's civil court system primarily for compelling the appearance of witnesses or the production of documents and things at a trial or hearing. Understanding these misconceptions is crucial for proper legal proceedings and compliance with judicial orders.

• Misconception 1: The belief that the SUBP-002 form can only be used to compel witnesses to appear at a trial.

  In reality, this form also demands the production of documents, electronically stored information (ESI), and things relevant to the case, not just personal appearances.

• Misconception 2: Another common misunderstanding is that anyone served with a SUBP-002 does not need to respond if they believe the request is unreasonable.

  Contrary to this belief, failure to obey a SUBP-002 can result in penalties, including being held in contempt of court. Recipients must comply or formally object through legal channels.

• Misconception 3: Many think that if they are not the party named in the case, the SUBP-002 form does not apply to them.

  However, this form can target anyone in possession of evidence deemed necessary for the trial, regardless of their direct involvement in the case.

• Misconception 4: There's a belief that the SUBP-002 form is only relevant in criminal cases.

  This form is actually utilized within the civil judicial system, highlighting its broad application beyond criminal proceedings.

• Misconception 5: A widespread misunderstanding is that digital documents or ESI cannot be requested through this form.

  The form explicitly covers the production of ESI, adapting to modern legal needs where digital evidence is often crucial.

• Misconception 6: Some individuals think that witness fees are automatically included with the service of a SUBP-002.

  Witness fees and mileage must be expressly requested by the recipient; they are not automatically granted upon service.

• Misconception 7: It's believed that serving a SUBP-002 form is the responsibility of the court.

  Service of the form is actually the responsibility of the party issuing the subpoena, who must ensure proper service in line with legal requirements.

• Misconception 8: There's a notion that once served, compliance with a SUBP-002 is negotiated between the witness and the requesting party directly.

  While parties may reach agreements to modify terms, the original commands of the subpoena remain enforceable unless officially altered by the court.

• Misconception 9: Many assume that there are no accommodations for individuals with disabilities regarding compliance.

  The form itself and its instructions include provisions for requesting accommodations, ensuring accessibility and fairness in compliance for all individuals.

Dispelling these misconceptions ensures that individuals and parties involved in legal proceedings are well-informed about their rights and responsibilities concerning the SUBP-002 form, fostering a more efficient and fair judicial process.

Filling out and using the Subp 002 form, a civil subpoena (duces tecum) for personal appearance and production of documents, is integral to the legal process in California. This form commands a person to appear in court and/or produce documents, electronically stored information, and other things at a trial or hearing. Understanding its proper usage is crucial for the seamless flow of legal procedures. Here are five key takeaways that should be remembered:

• Accuracy is key. When completing the Subp 002 form, every detail counts. From the correct identification of the attorney or party without an attorney, including name, state bar number, and address, to the precise details of the court, case number, and parties involved, accuracy ensures the subpoena is legally sound and enforceable.
• Clear description of requested materials. The form demands a specific list of documents, electronically stored information, or things that the recipient is ordered to produce. Specifying exactly what is needed - and why it is material to the case - is crucial for compliance and efficiency. Without clarity, the subpoena may be challenged or its purpose frustrated.
• Understanding the recipient's obligations. The form outlines distinct actions depending on the nature of the person or entity being subpoenaed. For custodians of consumer or employee records, for example, compliance involves more than just appearing in court; it requires adherence to specific procedures detailed on the form. Recognizing these obligations ensures individuals and entities respond appropriately to the subpoena.
• Compliance and consequences. The form clearly states the importance of obeying the subpoena, highlighting that failure to comply may be punished as contempt of court. This stern warning underscores the legal requirement to adhere to the subpoena's commands, whether that involves appearing in court, producing requested materials, or both.
• Provisions for objections and witness fees. Recipients of the Subp 002 form have rights, including the ability to object to the subpoena and to request witness fees. Understanding these provisions empowers individuals to navigate their legal obligations while asserting their rights within the legal framework.

Utilizing the Subp 002 form correctly is fundamental to the legal process, ensuring that proceedings are conducted fairly and efficiently. Whether you are an attorney issuing the subpoena or a recipient responding to one, familiarizing yourself with these key aspects will facilitate a smoother legal process.