Legal Question in Civil Litigation in California

1. A deposition subpoena for production of documents always must be personally served. (Code of Civ. Proc., sect. 2020.220 subd. (b)-(c).) The reason for this is that third parties are not parties to the action, and have not "appeared" and consented to the court's exercise of jurisdiction over them. Personal service in the state confers that jurisdiction on them.

2. If you are asking for the production of personal records of a consumer, special notice and procedures are required. Personal records are defined in Code of Civil Procedure section 1985.3 subd. (a)(1).) You can find that statute here: http://law.onecle.com/california/civil-procedure/1985.3.html

Before you serve the subpoena on the third party, you must serve the consumer with a copy of the subpoena and a "Notice to Consumer or Employee and Ogbjction." If the consumer is a party to the action, you can give notice by serving the notice of deposition, and a copy of the supoena.