Legal Question in Civil Litigation in California
Deposition Subpoena
Can a deposition subpoena for production of business records be issued by a non-attorney who is representing herself?
4 Answers from Attorneys
Re: Deposition Subpoena
No, a party seeking production of third party business records who is not an attorney or represented by an attorney must obtain the necessary supoena duces tecum from the court for this discovery.
Re: Deposition Subpoena
I agree with Attorney Niemann. The subpoena must be issued to the non-attorney party, in blank, by the Clerk of the Court, signed and sealed.
See California Code of Civil Procedure, Section 2020.210.
Re: Deposition Subpoena
Ms. Niemann's answer is correct. A litigant can subpoena records without an attorney, but only by getting the court to issue the subpoenas for her.
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