Legal Question in Workers Comp in California

Subpoena Valid?

I received a subpoena in the mail yesterday to release employee records. The subpoena did not list a case number, was dated on a Saturday, and wanted me to appear at a PO Box on a Sunday.

It did not include notification to the employee and the WC seal on it is a bigger and grainier scan than previous documentaions.

Can this really be a valid Subpoena?


Asked on 9/29/05, 12:42 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Perhaps

In Workers' Compensation, Subpoenas are not signed by the judge, but downloaded and printed. Thus the date could very well be a Saturday.

In most cases, you are given notice of a subpoena and asked to appear. In the fine print it will also say that you can either submit the records requested or arrange for someone from the subpoena service to come copy your records.

Without all the particulars, I cannot give you specific advise. However, you should make a written objection citing your reasons for objecting to the subpoena, the same one's you used in your question, and send same to the subpoena service. That should allow you some degree of safety.

Lastly, you can call the information and assistance office at the WCAB where the subpoena issued for specific information.

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Answered on 10/05/05, 11:30 am


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