Legal Question in Family Law in California

To subpena records, during the discovery part of your case, you use the form entitled "Deposition Subpoena for Production of Business Records." (Form SUBP-010) To subpena records for the trial or other hearing, you use a Civil Subpoena (Duces Tecum).

To subpena information, other than records (i.e. you want to ask a person questions), from someone who is not a party to the action, you use a Deposition Subpoena for Personal Appearance. There are different forms, depending on whether you want the person to bring documents to the deposition.

There are different rules that apply if the records are being sought from a person or entity outside of California, and there are time and place restrictions. It would be a good idea to check with an attorney.

Also, while you will complete the forms that you use, a non-attorney cannot issue the subpoenas. You will need to go to court to have the clerk issue them.