Parties in a lawsuit can use a “business records subpoena” to obtain records and information from non-party witnesses such as banks, employers, or police departments. (Cal. Code of Civil Procedure (CCP) § 2020.410.) The procedure requires several steps and takes several weeks, so start early.
If they are, use our Consumer/Employee Record guide instead of this guide.
Select your date at least 15 days away for non-consumer/employee records, or at least 30 days away if the records are consumer/employee records.
Contact a copy service in your area to see if they handle document subpoenas. The service you hire to do this is called the “Deposition Officer.” The Deposition Officer must be must be a professional photocopier registered under California Business & Professions (Bus. & P) Code §§22450–22463, with some exceptions. You may need to contact several to find one that provides this service.
Take the Deposition Subpoena for Production of Business Records (SUBP-010) to the court where your case is pending to be “issued” (stamped with the court seal). In Sacramento, visit the main courthouse at 720 9 th St., Room 102 (filing room).
Ask the clerk to issue them for you. When the clerk stamps it with the court’s seal, it becomes an official court order. The clerk will probably do it right then. You can ask them to issue several blank subpoena forms if you think you will need them later. There is no fee for this.
Attorneys can sign subpoenas themselves as “officers of the court” and do not need to take this step.
When you receive the issued subpoena, make enough copies of the stamped subpoena for yourself, the witness, and all parties. You will serve these copies in later steps.
You will need two forms to subpoena business records:
Completed samples are at the end of this Guide.
NOTE: When you issue a Deposition Subpoena for Production of Business Records (SUBP-010), there are three options for production in the first paragraph of the first page. Option “a” is having the records delivered to the Deposition Officer (generally a copy shop) will be the easiest in most situations. Note that you must arrange to pay the witness their costs before taking delivery of the copies. Talk to your Deposition Officer about how to accomplish this. One option is to ask the Deposition Officer to pay the witness and then bill you.
Under option (b), a Deposition Officer (copy shop employee) goes to witness’s place of business to pick up the copies. Under (c), the subpoenaing party [you] goes to the witness’s place of business and copies the records. (CCP §2020.430).
Most self-represented litigants should choose option (a).
a. Serve the Witness
Serve these documents at least 15 days before the production date. (CCP § 2020.410(c)):
The server (a person over the age of 18 who is not a party to the case) must personally deliver the required documents on the witness or its representative, along with a check for fees. If the witness is an organization, any officer, director, custodian of records, or any agent or employee authorized by the organization to accept service of a subpoena can be served on behalf of the organization. (CCP § 2020.220.)
The server then signs the proof of service form on the back of the Deposition Subpoena for Production of Business Records (SUBP-010) and returns it to you. Keep this in case you need it for a motion later.
Fees Paid to the Witness:
The witness is entitled to payment of reasonable costs prior to providing the documents to the Deposition Officer. These costs include:
Reproduction costs of $0.10 per page for documents 8 ½” x 14” or less; $0.20 per page for copying documents from microfilm; and actual costs for oversize documents or documents requiring special processing.
Other Costs of clerical costs of $24 per hour per person; actual postage costs; and costs for necessary services of third persons, including retrieval from microfilm.
These costs are paid when the witness delivers the business records and an itemized statement listing costs. Evid C §§ 1563(b)(1), (2), & (3).
If you requested to inspect the original documents at the witness’s location, the witness is entitled to a flat fee of $15, so write a check for the server to take along. Evid C §1563(b)(6).
b. Serve the Other Party or Parties
Serve all parties by mail with copies of all documents listed in Step 5. If they have attorneys, serve the attorneys instead.The proof of service form should be completely filled out, but not signed. Make a copy of the unsigned proof of service before proceeding.
The server (a person over the age of 18 who is not a party to the case) must then mail a copy of the documents along with a copy of the unsigned proof of service form on the opposing attorney(s) or self-represented litigant(s).
The server then signs the original Proof of Service form, and gives it to you.
You’re done for now. The documents should arrive at the copy service by your chosen production date.
If your Deposition Subpoena is ignored, or you get nothing but a written objection, you may need to file a motion in court to compel the witness to produce the documents. For more information, see our guide Motion to Compel Discovery Responses.
Fees Paid to the Witness:
The witness is entitled to payment of reasonable costs prior to providing the documents to the Deposition Officer. These costs include:
Reproduction costs of $0.10 per page for documents 8 ½” x 14” or less; $0.20 per page for copying documents from microfilm; and actual costs for oversize documents or documents requiring special processing.
Other Costs of clerical costs of $24 per hour per person; actual postage costs; and costs for necessary services of third persons, including retrieval from microfilm.
These costs are paid when the witness delivers the business records and an itemized statement listing costs. Evid C §§ 1563(b)(1), (2), & (3).
If you requested to inspect the original documents at the witness’s location, the witness is entitled to a flat fee of $15, so write a check for the server to take along. Evid C §1563(b)(6).
For assistance with a business records subpoena, you may want to contact a professional photocopier service to act as Deposition Officer. In some cases, they will do the entire process (forms, service, and copying) for you for a fee. Call a local law office and ask who they use, or look under “Copying and Duplicating Services” or “Attorney Support Services” in the Yellow Pages.
SH@LL (Self-Help at the Law Library) (formerly Civil Self Help Center)
609 9 th Street, Sacramento CA 95814
(916) 476-2731 (Appointment Request Line)
Services Provided: SH@LL provides general information and basic assistance to self-represented litigants on a variety of civil legal issues, including name changes. All assistance is provided by telephone. Visit “What we can help with” for a list of qualifying cases.
Eligibility: Must be a Sacramento County resident or have a qualifying case in the Sacramento County Superior Court.
NOLO Law for All: “Formal Discovery: Gathering Evidence for Your Lawsuit”
This respected self-help site offers excellent information on discovery in general.
California Courts: “Getting Evidence for Court”
This pamphlet, provided by the Judicial Council’s website, contains information about preparing evidence for admission in a court trial or hearing.
The following books have information about preparing business records subpoenas:
These books give detailed discussion of the steps needed to use a business records subpoena. Civil Procedure before Trial in particular contains discussion of the applicable statutes and cases.
For examples of the types of documents you may want to request in different types of civil cases, see:
Work backwards from the date you want to receive the documents (Date of Production).
If you are short on time, you can save a few days by having the Consumer/Employee personally served. In this case, you only have to count back 5 days from the date you expect to serve the witness.
This material is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer.
