Legal Question in Construction Law in California

Re: Subpeona

This question is probably better directed under civil litigation rather than construction law, however I will provide an answer in any event.

There is not any specific time limit period that a subpoena must be served on you. However, California Code of Civil Procedures Sec 1987(a) provides that,

"Service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance." (Code Civ. Proc. � 1987(a)).

With that in mind, there is a similar document that is served to the attorney of a party to the lawsuit which is simply a written notice in lieu of subpoena under Code Civ Proc. Sec 1987(b). In that provision the written notice must be served at least 10 days prior to the time for attendance. You could argue that 2 days is not reasonable especially when there is the 10 day provision for a written notice in lieu of subpoena which is very similar to a subpoena but served on the opposing party's attorney for attendance by the opposing party.

However, with that said, I would strongly suggest that you attend the deposition under the subpoena if all possible or make arrangements with the attorney who served the subpoena on you for another time.

Severe penalties may be imposed if you fail to obey a subpoena and do not attend including 1) contempt, 2)a civil penalty, 3) an arrest warrant being issued for you attend and you being arrested, and 4) monetary sanctions and costs.

I hope this answers your question. I suggest that you have an attorney present for any deposition.

Re: Subpeona

I would agree with the previous answer. You'd have a hard time convincing a judge that 10 days notice was reasnably necessary, there have been instances where someone was subpoenaed to show up at a trial while the trial was actually in progress, but my hunch is that they had an office a few blocks from the courthouse.

There are special requirements for subpoenas duces tecum to procure the records of a consumer, employment records and certain medical records. If this subpoena concerns any of these, take a look at the Code of Civil Procedure 1985.3 et seq. For example, prior notice is required to obtain consumer records in the hands of someone other than the consumer under 1985.3.