Legal Question in Civil Litigation in California

Deposition Subpoena for Production of Business Records

I was served a Deposition Subpoena for Production of Business Records (SUBP-010) today with a client of mine being listed as Defendant. I am a graphic designer and am currently working on a website for this client. I have only received a partial down payment so far. They are asking for a copy of the check, copy of written agreement and copies of email correspondence.

Being pretty ignorant on law, my question is this...am I in any sort of trouble here, or is this just evidence gathering for something that my client is being sued for and I am really no part of? What would be a typical reason for receiving this? Is it possibly a bankruptcy case?

I am trying to figure out if I should finish my job for this client, and/or if I should contact them and let them know I received this?

I appreciate any help with regards to this...thank you in advance!


Asked on 6/19/09, 12:09 am

2 Answers from Attorneys

Cathy Cowin Law Offices of Cathy Cowin

Re: Deposition Subpoena for Production of Business Records

To figure out what this is all about, you can get a copy of the complaint in the underlying case from the court where it was filed. The court and case number should appear on the caption on the first page of the subpoena. You may have to pay a copy fee, but those are public records. Usually a third party subpoena is to gather information in a case and would not involve you, but there may be instances where you would have concern (e.g. if they are claiming copyright infringement regarding a website you designed). Yes, you may want to tell the client. There are some instances where it would benefit both of you to file a protective order to limit what is being requested. That has to be done promptly. Again, they probably just want information about the client's business. If you feel uncomfortable about testifying, you can hire a lawyer to represent you at the deposition. As a separate business recommendation, as a lawsuit sometimes signals financial distress and you're in the middle of a job with the client (and you're in a good position since the client knows you're under oath to just tell it the way it is but doesn't want to provoke/cause negative testimony), it's a great time to collect the retainer for the entire amount due on that website! Also, don't forget to ask the attorney requesting the deposition appearance for your witness fees.

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Answered on 6/19/09, 11:08 am
Adam Telanoff Telanoff & Telanoff

Re: Deposition Subpoena for Production of Business Records

I can only give you general advice here, if you want specific advice email me.

First, a deposition subpoeana is an official court document, it should be complied with, and failure to comply is punishable as contempt of court.

Second, it really has nothing to do with you. You are just a witness, and the party that served you is just looking for information related to the Defendant.

Third, if I had a client who was being sued and had not paid me in full, I would want to know why they were being sued,and how they were going to make sure they could pay me.

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Answered on 6/19/09, 5:08 pm


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