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CA Issuance of Subpoena for Out of State Proceeding
- Thread starter mandeeuk
- Start date
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It's an out of state civil proceeding, have to get a business records supboena issued for a company in Marina del Rey, so its going through the Santa Monica Courthouse. We've submitted a civil case cover sheet, application for issuance of out of state subpoena, notice of deposition that was served on defendants and the actual subpoena. They've said they need to set a hearing date (??) to issue them or we can buy subpoenas from them?? They've also admitted that they've never dealt with this issue at that courthouse. It's very frustrating because we're following the letter of the very vague statute (Cal. Code of Civ. Proc. 2029.010)
This is becoming very confusing, because the procedure under CCP sect 2029.010 is essentially the same as if you were getting documents pursuant to subpoena within California (start reading at CCP sect. 2020.210).
Was the notice of deposition issued by the out-of-state court? And is the "defendant" on whom it was served the company in Marina Del Rey? And if it was served, what did it command? And if it was served on the Marina Del Rey company, what was the response.
Was the subpoena issued by the out-of-state court? Was it a production subpoena?
By "buy the supoena", I am guessing that they are telling you that you can purchase the form for a Supoena for the Production of Documents from them. That's only a few cents and you can also download it from the California Judicial Council web site for free.
Did you file a Civil Cover Sheet to "register the out-of-state subpoena"? (Can't think of any other way to ask the reason for the Cover Sheet.)
Without your answers, this is where I THINK this is going:
You should be able to serve a California Supoena for Production of Documents on the company. Direct production to a "deposition officer", such as a local court reporting firm, for copying. Note that if the Marina Del Rey company is not a party to the action, you'll have to also tender an offer to pay production costs to bind them to comply (read the statutes).
I could imagine registering the sister-state order with the California court so that, if there is non-compliance, there is a basis for citing the company into court for contempt. It's possible that the Court also feels that a hearing is required to register the order. If that's the case, ask for an ex parte (expedited) hearing
I can't imagine the reason for the Cover Sheet but it appears that, in some way the Court is trying to gain authority to enforce it's own orders.
This is a lot of guessing, because I'm trying to make sense out of what you've described.
Are you acting as your own attorneys? (With due respect, that might account for some of the confusion.)
Have you talked to the Civil Supervisor or just any clerk who will talk to you? If you haven't done so, ask to talk to the Supervisor or the Civil Law Clerk. Court employees are not permitted to give you advice but, if the Court itself is saying that it doesn't know how to deal with this, go to one of the two people who have the final word on what needs to be done. As a matter of fact, if you haven't talked to one of these two, do it before trying to answer my questions. And go to Court and do it directly rather than by phone.
Was the notice of deposition issued by the out-of-state court? And is the "defendant" on whom it was served the company in Marina Del Rey? And if it was served, what did it command? And if it was served on the Marina Del Rey company, what was the response.
Was the subpoena issued by the out-of-state court? Was it a production subpoena?
By "buy the supoena", I am guessing that they are telling you that you can purchase the form for a Supoena for the Production of Documents from them. That's only a few cents and you can also download it from the California Judicial Council web site for free.
Did you file a Civil Cover Sheet to "register the out-of-state subpoena"? (Can't think of any other way to ask the reason for the Cover Sheet.)
Without your answers, this is where I THINK this is going:
You should be able to serve a California Supoena for Production of Documents on the company. Direct production to a "deposition officer", such as a local court reporting firm, for copying. Note that if the Marina Del Rey company is not a party to the action, you'll have to also tender an offer to pay production costs to bind them to comply (read the statutes).
I could imagine registering the sister-state order with the California court so that, if there is non-compliance, there is a basis for citing the company into court for contempt. It's possible that the Court also feels that a hearing is required to register the order. If that's the case, ask for an ex parte (expedited) hearing
I can't imagine the reason for the Cover Sheet but it appears that, in some way the Court is trying to gain authority to enforce it's own orders.
This is a lot of guessing, because I'm trying to make sense out of what you've described.
Are you acting as your own attorneys? (With due respect, that might account for some of the confusion.)
Have you talked to the Civil Supervisor or just any clerk who will talk to you? If you haven't done so, ask to talk to the Supervisor or the Civil Law Clerk. Court employees are not permitted to give you advice but, if the Court itself is saying that it doesn't know how to deal with this, go to one of the two people who have the final word on what needs to be done. As a matter of fact, if you haven't talked to one of these two, do it before trying to answer my questions. And go to Court and do it directly rather than by phone.
dcatz said:This is becoming very confusing, because the procedure under CCP sect 2029.010 is essentially the same as if you were getting documents pursuant to subpoena within California (start reading at CCP sect. 2020.210).
Was the notice of deposition issued by the out-of-state court? And is the "defendant" on whom it was served the company in Marina Del Rey? And if it was served, what did it command? And if it was served on the Marina Del Rey company, what was the response.
Was the subpoena issued by the out-of-state court? Was it a production subpoena?
By "buy the supoena", I am guessing that they are telling you that you can purchase the form for a Supoena for the Production of Documents from them. That's only a few cents and you can also download it from the California Judicial Council web site for free.
Did you file a Civil Cover Sheet to "register the out-of-state subpoena"? (Can't think of any other way to ask the reason for the Cover Sheet.)
Without your answers, this is where I THINK this is going:
You should be able to serve a California Supoena for Production of Documents on the company. Direct production to a "deposition officer", such as a local court reporting firm, for copying. Note that if the Marina Del Rey company is not a party to the action, you'll have to also tender an offer to pay production costs to bind them to comply (read the statutes).
I could imagine registering the sister-state order with the California court so that, if there is non-compliance, there is a basis for citing the company into court for contempt. It's possible that the Court also feels that a hearing is required to register the order. If that's the case, ask for an ex parte (expedited) hearing
I can't imagine the reason for the Cover Sheet but it appears that, in some way the Court is trying to gain authority to enforce it's own orders.
This is a lot of guessing, because I'm trying to make sense out of what you've described.
Are you acting as your own attorneys? (With due respect, that might account for some of the confusion.)
Have you talked to the Civil Supervisor or just any clerk who will talk to you? If you haven't done so, ask to talk to the Supervisor or the Civil Law Clerk. Court employees are not permitted to give you advice but, if the Court itself is saying that it doesn't know how to deal with this, go to one of the two people who have the final word on what needs to be done. As a matter of fact, if you haven't talked to one of these two, do it before trying to answer my questions. And go to Court and do it directly rather than by phone.
2029.010 states that the Court may issue a subpoena... so instead of just signing off on the subpoena myself, I'm trying to get the clerk's stamp on it. Notice was given to the parties in Florida. The subpoena that we are using in CA is the CA judicial council form. The deponent is a non-party. I talked to the clerk supervisor early this morning and she has said that we need to submit the same documents we previously submitted plus a Certificate of Assignment (?? no judicial council form for this) plus $320 per subpoena as they want to generate CA case numbers for each of them. Personally, I think they are just confused. I was reading a California Law Review Commission report from Sept. on this very issue discussing the misapplication of this statute by the various judicial districts. It's a big problem.
Oh! I'm sorry. Both because I didn't see your article and I suspected something like that (the filing fee). A lot of speculation for nothing.
I was hoping that filing the out-of-states court's order, the Civil Cover Sheet and MAYBE paying a NOMINAL fee would get you what you needed. They're essentially requiring you to "register" (my choice of words) the whole action in California and pay a new filing fee to conduct one-time, limited discovery.
What used to be called a Certificate of Assignment in several California counties was always a Statement of Location in Los Angeles, and that was replaced by the Civil Cover Sheet and Cover Sheet Addendum. I don't know anything that carries that title today and was assuming it was something issued by the "other state".
I've never had to face your fact situation. And it does sound inequitable enough to suggest confusion on their part to me. But I've also learned not to butt heads with court clerks. The consequences are frequently bad and never good.
If the Marina Del Rey company is a non-party, do you expect them to oppose a subpoena, if you had a California order?
Supoenas are regarded as "issued in blank and signed by the court", meaning that, if this were a production demand issued in a California case, it could be served without the clerk's stamp. The Court only becomes relevant is there's non-compliance. I now have a sense that you know that. Probably are an attorney.
I guess that means that you can file the Certificate of Assignment (?) and pay the fee or just serve a subpoena with the other state's information and see if they comply without question. Of course, if it's ignored, there's nothing you can do.
Maybe your article offered other alternatives.
Is the documentation important enough to incur the fee? Is there another way that you can develop comparable evidence?
I was hoping that filing the out-of-states court's order, the Civil Cover Sheet and MAYBE paying a NOMINAL fee would get you what you needed. They're essentially requiring you to "register" (my choice of words) the whole action in California and pay a new filing fee to conduct one-time, limited discovery.
What used to be called a Certificate of Assignment in several California counties was always a Statement of Location in Los Angeles, and that was replaced by the Civil Cover Sheet and Cover Sheet Addendum. I don't know anything that carries that title today and was assuming it was something issued by the "other state".
I've never had to face your fact situation. And it does sound inequitable enough to suggest confusion on their part to me. But I've also learned not to butt heads with court clerks. The consequences are frequently bad and never good.
If the Marina Del Rey company is a non-party, do you expect them to oppose a subpoena, if you had a California order?
Supoenas are regarded as "issued in blank and signed by the court", meaning that, if this were a production demand issued in a California case, it could be served without the clerk's stamp. The Court only becomes relevant is there's non-compliance. I now have a sense that you know that. Probably are an attorney.
I guess that means that you can file the Certificate of Assignment (?) and pay the fee or just serve a subpoena with the other state's information and see if they comply without question. Of course, if it's ignored, there's nothing you can do.
Maybe your article offered other alternatives.
Is the documentation important enough to incur the fee? Is there another way that you can develop comparable evidence?
dcatz said:Oh! I'm sorry. Both because I didn't see your article and I suspected something like that (the filing fee). A lot of speculation for nothing.
I was hoping that filing the out-of-states court's order, the Civil Cover Sheet and MAYBE paying a NOMINAL fee would get you what you needed. They're essentially requiring you to "register" (my choice of words) the whole action in California and pay a new filing fee to conduct one-time, limited discovery.
What used to be called a Certificate of Assignment in several California counties was always a Statement of Location in Los Angeles, and that was replaced by the Civil Cover Sheet and Cover Sheet Addendum. I don't know anything that carries that title today and was assuming it was something issued by the "other state".
I've never had to face your fact situation. And it does sound inequitable enough to suggest confusion on their part to me. But I've also learned not to butt heads with court clerks. The consequences are frequently bad and never good.
If the Marina Del Rey company is a non-party, do you expect them to oppose a subpoena, if you had a California order?
Supoenas are regarded as "issued in blank and signed by the court", meaning that, if this were a production demand issued in a California case, it could be served without the clerk's stamp. The Court only becomes relevant is there's non-compliance. I now have a sense that you know that. Probably are an attorney.
I guess that means that you can file the Certificate of Assignment (?) and pay the fee or just serve a subpoena with the other state's information and see if they comply without question. Of course, if it's ignored, there's nothing you can do.
Maybe your article offered other alternatives.
Is the documentation important enough to incur the fee? Is there another way that you can develop comparable evidence?
Thanks for your response! The law is just so ridiculously vague. Apparently not all courts charge the filing fee required by this court. It is definitely excessive considering the type of discovery we need.
Also, the practice guide specifically says that CA courts ROUTINELY issue subpoenas for out of state actions and are far more liberal in their rules regarding such i.e. they don't require a commission from the home state. I wish that were true.
I had considered just serving the subpoena without getting a case no., but I guess the worry is that we will then have no means of compliance.
Thanks also for your comments regarding Certificate of Assignment. I agree that it's probably the addendum to the cover sheet.
Honestly, I just wish there were more helpful, knowledgeable staff at clerks' offices. The first time they bounced our filing, they said it was our duty to know what to do and they wouldn't offer any guidance. It became clear (after they admitted it) that they just didn't know what to do.
Believe me, you have my sympathy. I wish I could give more.
Santa Monica was once a pretty good, well-organized court. The court in Culver City was closed and it's cases consolidated in Santa Monica. Many employees were moved as well to handle the increased case load. I have a case that was part of that move - just waiting for default judgment to be entered. That was 8 months ago and no one can find the case. I've been there fours times trying to get assistance (in additional to innumerable calls). Apparently, I'm going to have to re-create it as best I can from my own files.
I hope you find a way to work around your problem. I couldn't be more empathic.
Santa Monica was once a pretty good, well-organized court. The court in Culver City was closed and it's cases consolidated in Santa Monica. Many employees were moved as well to handle the increased case load. I have a case that was part of that move - just waiting for default judgment to be entered. That was 8 months ago and no one can find the case. I've been there fours times trying to get assistance (in additional to innumerable calls). Apparently, I'm going to have to re-create it as best I can from my own files.
I hope you find a way to work around your problem. I couldn't be more empathic.