During the course of a court case, or other litigation activities, it often becomes necessary to obtain documents to support your case. When the individual or organization that has the records are not a party to the case, you must obtain them by using a subpoena. With a subpoena, you can get bank records, employment records, telephone records, medical records, etc.
Using a subpoena is usually a two-part process: First, if the records relate to a Consumer/Employee, you must have that person served with a“Notice to Consumer or Employee” and the subpoena, and give them at least ten days to object (see CCP 1985.3(b)). If there are other parties in the case, they get served with copies of the Notice and Subpoena too.2) If the Consumer/Employee doesn’t object, you then have the papers personally served on the Witness, and give them at least 15 days to respond. They should respond by sending you copies of the records you request. If the Consumer/Employee objects, the Witness can’t respond until the objection is resolved. (CCP 1985.3(d) and 2020.410(c)).  
 


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