California Form SUBP-002 is the Deposition Subpoena for Production of Business Records, and any party in a California civil case uses it to order a non-party business to hand over documents without a live deposition. The form is a Judicial Council form (Rev. January 1, 2012), and it is mandatory in every California superior court under California Rules of Court, rule 1.31.
You serve SUBP-002 on the records custodian, not the opposing party, and the records come back through a deposition officer. According to the Judicial Council’s 2023 Court Statistics Report, California courts process more than 600,000 civil unlimited filings each year, and discovery subpoenas are one of the most common discovery tools in those cases.
Here is what you will learn:
- 📄 What SUBP-002 does and who must sign it
- 🗓️ The exact deadlines for service, consumer notice, and production
- ✍️ A line-by-line walkthrough of every box on the form
- 👩⚖️ Three full filled-out examples with named filers
- ⚠️ The most common mistakes that get a subpoena quashed and how to dodge them
What Form SUBP-002 Is and Who Must File It
Form SUBP-002 is a Deposition Subpoena for Production of Business Records, issued under Code of Civil Procedure § 2020.410. It commands a non-party business, called the deponent, to produce copies of business records to a deposition officer by a set date. The deponent does not appear in person; the records custodian instead delivers a sealed copy of the records along with a declaration of custodian under Evidence Code §§ 1560–1562.
The form is used by attorneys of record, parties representing themselves (pro per), and sometimes by court-appointed referees. The signer must be an active member of the State Bar or a self-represented party in the case. A paralegal cannot sign SUBP-002, but a paralegal can prepare it and present it to the attorney for signature under Business and Professions Code § 6450.
SUBP-002 is one of three deposition-subpoena forms in California. Its sister forms are SUBP-010 (personal appearance only) and SUBP-015 (personal appearance and production of documents). Picking the wrong form means the deponent can object and the records officer can refuse the records, so the choice of form is the first place a subpoena goes wrong.
Before You Start: Documents and Information You Need
Gather every piece of information before you open the fillable PDF, because California’s consumer-notice rules under Code of Civil Procedure § 1985.3 leave no room for guesswork. A missing date or a wrong custodian name will force you to re-serve, and re-service resets the 15-day consumer-notice clock.
- Case caption. Court name, branch, case number, and short title. Without an exact match to the complaint, the clerk will not seal an issued copy.
- Deponent’s full legal name and address. This is the business that holds the records, not the opposing party. Use the name on the California Secretary of State business search.
- Records custodian contact. Most hospitals, banks, and payroll companies post a subpoena-compliance address; using the wrong office delays production by weeks.
- Description of records. Draft Attachment 3 with date ranges, account numbers, and Bates-style categories. Vague language like “all documents” invites a motion to quash.
- Consumer or employee identity. If records concern a “consumer” under § 1985.3 or an “employee” under § 1985.6, you must serve a Notice to Consumer or Employee on Form SUBP-025 at least 5 days before serving the subpoena.
- Deposition officer details. Name, address, and phone of the professional photocopier or attorney service acting as deposition officer under CCP § 2020.420.
- Production date. Calendar at least 20 days after personal service or 25 days after mail service, plus the 15-day consumer-notice cushion.
- Witness fees. $15 statutory fee plus mileage at $0.34 per mile under Government Code § 68093, payable on demand.
- Attorney bar number. The signer’s State Bar number must appear in the attorney block; missing bar numbers are the most common clerk rejection.
Where to Get the Form and How to Access It
The official, fillable PDF lives on the California Courts forms page. Always download a fresh copy for each subpoena because the Judicial Council updates form metadata silently, and old saved copies sometimes fail to print barcodes correctly. The current revision date is January 1, 2012, printed in the bottom-left corner.
You can complete SUBP-002 three ways. The first is directly in the fillable PDF using Adobe Acrobat Reader, which is free. The second is through your firm’s case-management software, like Clio or Smokeball, which auto-populates the caption from the matter file. The third is by hand in blue or black ink, which still works but is rare in modern practice.
Some counties, including Los Angeles, San Francisco, and Orange, allow electronic issuance through their e-filing portals such as Odyssey eFileCA. Even when issued electronically, the served copy still must reach the deponent in paper form unless the deponent agrees in writing to electronic service under CCP § 1010.6.
Step-by-Step: How to Fill Out SUBP-002 Line by Line
The form has one page on the front and one on the back. Work top to bottom, left to right, and never skip a box even if it looks optional. Every empty line is an opening for a motion to quash under CCP § 1987.1.
Attorney or Party Without Attorney Box (Top Left)
This box asks for the name, State Bar number, firm name, address, phone, fax, email, and the party the attorney represents. Type the information in standard business format with the attorney’s name on line one and the bar number in parentheses. Maria Lopez, a personal injury attorney, types MARIA LOPEZ (SBN 123456), LOPEZ LAW GROUP, 1200 WILSHIRE BLVD., SUITE 500, LOS ANGELES, CA 90017, TEL: (213) 555-0123, EMAIL: maria@lopezlaw.com.
If a party is self-represented, write In Pro Per in place of the firm name. Pro per filers must still list a service address, and a P.O. Box is acceptable only if no street address exists. The most common mistake here is omitting the bar number; clerks reject the subpoena at issuance and the deponent’s counsel will move to quash on signature grounds. Filers often think this box is optional because the form is served, not filed, but California Rules of Court rule 2.111 requires the caption block on every Judicial Council form.
Superior Court of California, County of ___ Box
State the county where the lawsuit is pending, the courthouse street address, the mailing address if different, the city and ZIP, and the branch name. The information must match the court locator exactly. Carlos Nguyen, filing in Santa Clara, writes SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, 191 N. FIRST STREET, SAN JOSE, CA 95113, DOWNTOWN BRANCH.
For multi-branch counties, choose the branch where the case is assigned, not the closest courthouse. The wrong branch will not invalidate the subpoena, but it confuses the records custodian and slows production. The misconception is that this caption block decides venue; it does not. Venue was set when the complaint was filed, and SUBP-002 simply mirrors that earlier choice.
Short Title of Case
Use the abbreviated case caption, typically the first plaintiff and first defendant. LOPEZ v. WESTSIDE HOSPITAL is correct; “Lopez et al. v. Westside Hospital et al. and Does 1 through 50” is not. Match the short title that appears on the most recent court order in the file to avoid mismatches.
If the case has been consolidated, use the lead case’s short title and add (Consolidated) in parentheses. The common error here is using the long caption, which causes the form to overflow the box and chops off text on the served copy. The misconception is that the short title can be shortened further; courts and deposition officers cross-check it against the case number, so always use the short title from the complaint.
Case Number Box
Enter the full case number, including the alphabetic prefix and any check digit. 21STCV04567 is the Los Angeles format; 2021-1-CV-389012 is Santa Clara’s. Never abbreviate or drop leading zeros, because deposition officers index records by the exact string.
A wrong case number is the single most common reason records get returned to the wrong file. The misconception is that the case number is for the court only; deposition officers actually use it to bind the production with the right matter. Double-check the number against the most recent filed pleading, not your internal billing system.
Item 1: The Deponent (Name and Address)
This is the business that must produce the records. Use the legal entity name from the Secretary of State, not a “doing business as” alias. Aisha Patel, subpoenaing payroll records, writes PAYCHEX OF NEW YORK LLC, c/o CT CORPORATION SYSTEM, 330 N. BRAND BLVD., SUITE 700, GLENDALE, CA 91203.
Service on a registered agent is almost always safer than service at the operating address. The big mistake is naming the parent company when records sit at the subsidiary; the subsidiary will object and you will have to start over. The misconception is that “the bank” is enough; Wells Fargo Bank, N.A. and Wells Fargo Advisors, LLC are different entities with different custodians.
Item 2: Records Production Format Checkboxes
Item 2 has two checkboxes. The first commands production of the records described in Item 3, and the second commands production plus a personal appearance by the custodian. For a business-records subpoena, check only the first box. Personal appearance is rare and usually unnecessary because the custodian’s affidavit under Evidence Code § 1561 authenticates the records.
If you check both, the deponent’s lawyer will demand witness fees and mileage in advance, and the production will likely be delayed. The mistake is checking neither, which makes the subpoena a nullity. The misconception is that checking the second box gets you a deposition; it does not, because for a true oral deposition you need SUBP-015.
Item 3: Description of Records (Attachment 3)
Item 3 is where you describe the records. Most lawyers attach a separate sheet labeled Attachment 3, because the printed box is too small. Janet Williams, in a wage-and-hour case, lists all time records, paystubs, W-2 forms, and direct-deposit authorizations for employee SARAH KIM, SSN ending 1234, from January 1, 2022 through December 31, 2024.
Use date ranges, account numbers, and named individuals. Avoid words like “any and all” without limits, because under CCP § 2017.020 the court can issue a protective order against overbroad subpoenas. The mistake is copying the request-for-production language from a Form Interrogatory; that language is too broad for a non-party. The misconception is that vague requests are safer; vague requests get quashed faster than narrow ones.
Item 4: Date, Time, and Place of Production
Set a single date, time, and place where the deposition officer will accept the records. The location is the deposition officer’s office, not your firm. Marcus Brown writes DATE: APRIL 14, 2026, TIME: 10:00 A.M., PLACE: ACE ATTORNEY SERVICE, 1234 K STREET, SACRAMENTO, CA 95814.
Build in 20 days from personal service or 25 days from mail service, then add the 15-day consumer-notice window. The mistake is picking a date too soon; the deponent will object on timing grounds and you will lose 30 days. The misconception is that the time has to be a deposition hour like 10:00 a.m.; the records officer accepts records during business hours, and “by 5:00 p.m.” is fine.
Item 5: Statement Regarding Consumer Notice
Item 5 has three checkboxes. Box (a) says no consumer notice is required. Box (b) says a Notice to Consumer or Employee on SUBP-025 has been served. Box (c) says the consumer or employee has signed an authorization. Pick exactly one.
If the records belong to a non-party human or to an employee, you must serve SUBP-025 first. The mistake is checking (a) for medical or financial records of a non-party; that triggers an automatic motion to quash and possible sanctions under CCP § 1987.2. The misconception is that a party’s own records are exempt; party records still need notice when they are held by a third-party business and concern personal information.
Item 6: Privacy Rights Warning to Deponent
Item 6 is a printed warning that the deponent must comply unless properly objected to. There is nothing to fill in here; the box is informational. Read it once so you can answer custodian questions over the phone.
The mistake is editing this box because it looks like a placeholder; altering preprinted Judicial Council language voids the form. The misconception is that the warning is optional language; it is mandatory under CCP § 2020.510 and must appear verbatim.
Item 7: Disobedience Warning
Item 7 is the contempt warning telling the deponent that failure to comply is punishable under CCP § 2020.240. Like Item 6, it is preprinted and needs no entry.
The mistake is whiting this section out to make the form less aggressive; that destroys the form’s enforceability. The misconception is that the warning is a bluff; courts regularly issue body attachments and monetary sanctions against custodians who ignore it.
Date Issued and Signature Block
Sign and date the form on the day you finalize it, not the day you mail it. Type the attorney’s name underneath the signature line, and type the title (Attorney for Plaintiff, Attorney for Defendant, or In Pro Per). Maria Lopez signs MARIA LOPEZ, ATTORNEY FOR PLAINTIFF, DATED: MARCH 25, 2026.
The signature must be the original ink or a compliant electronic signature under CCP § 17(b)(7). The mistake is letting a paralegal sign for the attorney; that is unauthorized practice. The misconception is that the date can be backdated to match the consumer notice; backdating is a Bar violation, so always use today’s date.
Reverse Side: Proof of Service (POS)
The back of SUBP-002 contains the Proof of Service, completed by the process server after service. The server fills in the deponent’s name, the date and time of service, the manner of service (personal, substituted, or mail), the address served, and the witness fees tendered. The server signs under penalty of perjury.
A registered California process server adds a registration number; a non-registered server uses a notarized declaration under CCP § 2015.5. The mistake is forgetting the witness-fee tender; without it, the deponent has no duty to comply. The misconception is that the POS can be filled in later; it must be completed at the time of service to be admissible.
Three Filled-Out Examples Using Real Scenarios
These three examples follow named filers through SUBP-002 from start to finish.
Example 1: Maria Lopez, Personal Injury Attorney
Maria represents a plaintiff injured in a car crash and needs medical records from Westside Hospital.
| Form Section | What Maria Enters |
|---|---|
| Attorney box | MARIA LOPEZ (SBN 123456), LOPEZ LAW GROUP, 1200 WILSHIRE BLVD., LOS ANGELES, CA 90017 |
| Court | SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, STANLEY MOSK COURTHOUSE |
| Short title | RAMIREZ v. CITY OF LOS ANGELES |
| Case number | 21STCV04567 |
| Item 1 deponent | WESTSIDE HOSPITAL, INC., 11234 SANTA MONICA BLVD., LOS ANGELES, CA 90025 |
| Item 2 | First box checked: production only |
| Item 3 (Attachment 3) | All medical records for JOSE RAMIREZ, DOB 04/12/1980, from 06/01/2023 to present |
| Item 4 | APRIL 20, 2026, 10:00 A.M., ACE ATTORNEY SERVICE, 1100 W. 7TH ST., LOS ANGELES |
| Item 5 | Box (b) checked: SUBP-025 served on consumer |
| Signature | MARIA LOPEZ, ATTORNEY FOR PLAINTIFF, 03/25/2026 |
Example 2: Carlos Nguyen, Employment Lawyer
Carlos sues on behalf of a wage-and-hour class and subpoenas payroll records from a third-party processor.
| Form Section | What Carlos Enters |
|---|---|
| Attorney box | CARLOS NGUYEN (SBN 234567), NGUYEN EMPLOYMENT LAW, 99 ALMADEN BLVD., SAN JOSE, CA 95113 |
| Court | SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, DOWNTOWN BRANCH |
| Short title | KIM v. ACME LOGISTICS, INC. |
| Case number | 2021-1-CV-389012 |
| Item 1 deponent | PAYCHEX OF NEW YORK LLC, c/o CT CORPORATION, 330 N. BRAND BLVD., GLENDALE, CA 91203 |
| Item 2 | First box checked: production only |
| Item 3 (Attachment 3) | Payroll, time, and W-2 records for SARAH KIM, SSN xxx-xx-1234, 01/01/2022–12/31/2024 |
| Item 4 | MAY 5, 2026, 9:00 A.M., FIRST LEGAL, 1517 W. BEVERLY BLVD., LOS ANGELES |
| Item 5 | Box (b) checked: Notice to Employee on SUBP-025 served |
| Signature | CARLOS NGUYEN, ATTORNEY FOR PLAINTIFF, 04/02/2026 |
Example 3: Janet Williams, Family Law Attorney
Janet represents a spouse in a long-term marriage and needs bank records from Wells Fargo.
| Form Section | What Janet Enters |
|---|---|
| Attorney box | JANET WILLIAMS (SBN 345678), WILLIAMS FAMILY LAW, 600 B ST., SAN DIEGO, CA 92101 |
| Court | SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO, FAMILY LAW DIVISION |
| Short title | MARRIAGE OF SMITH |
| Case number | 22FL004321N |
| Item 1 deponent | WELLS FARGO BANK, N.A., LEGAL ORDER PROCESSING, MAC N9305-175, MINNEAPOLIS, MN 55479 |
| Item 2 | First box checked: production only |
| Item 3 (Attachment 3) | All statements for accounts ending 5678 and 9012 held by ROBERT SMITH, 01/01/2018–present |
| Item 4 | MAY 12, 2026, 10:00 A.M., COMPEX LEGAL SERVICES, 525 B ST., SAN DIEGO |
| Item 5 | Box (b) checked: Notice to Consumer served on Robert Smith |
| Signature | JANET WILLIAMS, ATTORNEY FOR PETITIONER, 04/05/2026 |
How to File the Completed Form
SUBP-002 is not filed with the court at issuance; it is served on the deponent and on the consumer or employee. Service runs through three channels, and each one has its own deadline, fee, and proof-of-filing.
- Personal service. A registered process server hands the subpoena to the records custodian or registered agent. Allow at least 20 days before production under CCP § 2020.410(c). Cost is typically $75–$150. Proof of filing is the completed Proof of Service on the back of SUBP-002.
- Service by mail. Mail under CCP § 1013 only when the deponent has agreed in writing or returned a notice and acknowledgment of receipt on Form POS-015. Add 5 days to the production date. Proof is the signed acknowledgment.
- Service through a deposition officer. Most firms use a professional records service like First Legal, Compex, or Ace Attorney Service. The service handles issuance, service, custodian collection, and production. Fees range from $95 base plus $0.20 per page. Proof of filing is the service’s confirmation email and tracking number.
- Electronic service. Allowed only by written stipulation or court order under CCP § 1010.6. Proof is the electronic service receipt.
After service, file the Proof of Service with the court if the subpoena becomes the subject of a motion. Otherwise, keep the original POS in the matter file for at least the limitations period plus one year.
What Happens After You File
After service, the consumer or employee has 5 court days to file a motion to quash or modify under CCP § 1985.3(g). If no motion is filed, the deponent has until the production date to deliver records to the deposition officer. Watch the calendar; the deposition officer will not chase the custodian for you.
The deposition officer receives the records, logs them, and notifies all parties under CCP § 2020.420. Each party has 30 days to inspect and copy the records before they go to the requesting party. Copy charges are typically $0.10 to $0.25 per page.
If the deponent objects, the objecting party serves written objections at least 5 days before production. The requesting party then files a motion to compel under CCP § 1987.1 and may seek sanctions under § 2023.030. Most disputes settle through a meet-and-confer letter.
Mistakes to Avoid When Filling Out SUBP-002
Even seasoned paralegals slip on SUBP-002 because the rules are scattered across the Code of Civil Procedure and the Evidence Code. Avoid these errors and you will keep the records flowing.
- Wrong form number. Picking SUBP-010 or SUBP-015 when you only need records causes the custodian to refuse production.
- Missing State Bar number. The clerk and the deponent both reject unsigned or unnumbered subpoenas.
- Vague Attachment 3. “Any and all” requests draw motions to quash and protective orders.
- Skipping SUBP-025. Failing to serve the consumer notice voids the subpoena and can trigger sanctions.
- Bad production date. Setting a date inside the 20- or 25-day window means automatic noncompliance.
- Wrong deponent entity. Suing the parent when records sit at the subsidiary forces re-service.
- No witness fee tender. Without the $15 fee, the deponent has no duty to produce.
- Editing preprinted language. Altering Items 6 or 7 voids the Judicial Council form.
- Backdated signature. Backdating risks Business and Professions Code § 6106 discipline.
- Naming a P.O. Box for personal service. Process servers cannot personally serve a P.O. Box, which forces a re-issue.
- Forgetting the deposition officer. Without a third-party officer, records cannot be authenticated under Evidence Code § 1560.
- Wrong court branch. Listing the wrong branch slows custodian processing and confuses the records officer.
Do’s and Don’ts
A short rule set keeps the form clean and enforceable.
Do’s
- Do download a fresh PDF from the Judicial Council site every time, because old caches print bad barcodes.
- Do narrow Attachment 3 to dates, accounts, and names so the custodian can comply quickly.
- Do calendar the 15-day consumer-notice deadline before you set the production date.
- Do tender the $15 witness fee with the served subpoena to lock in the duty to produce.
- Do confirm the deposition officer is a registered photocopier under Business and Professions Code § 22451.
- Do save a PDF copy of the issued subpoena in the matter file for the limitations period plus one year.
Don’ts
- Don’t let a non-attorney sign in the attorney signature block.
- Don’t set a production date that lands on a weekend or court holiday.
- Don’t skip Item 5 on the assumption that the records are not personal.
- Don’t use the long caption in the short-title box.
- Don’t serve by mail without a written agreement or POS-015.
- Don’t alter preprinted warnings; the form must read verbatim.
Pros and Cons of Filing on Your Own vs. With Help
Self-issuance saves money but raises risk; using a records service costs more but offloads compliance. Weigh both.
Pros of self-issuance
- Lower cost; the form itself is free.
- Direct control over Attachment 3 wording.
- Faster turnaround for simple, single-deponent requests.
- No third-party scheduling delays.
- Easier to coordinate with the consumer-notice strategy.
Cons of self-issuance
- You must register or hire a process server.
- You handle witness-fee tender personally.
- You manage the deposition officer relationship.
- You absorb the risk of consumer-notice timing errors.
- You handle motions to quash without bundled vendor support.
Pros of using a service
- Bundled issuance, service, and records collection.
- Compliance calendaring built in.
- Bates-numbered, indexed productions.
- Errors-and-omissions insurance on the vendor.
- Easier multi-deponent matters.
Cons of using a service
- Per-page fees add up on large productions.
- Less direct control over wording and timing.
- Vendor delays can slip past your deadline.
- Privilege screening still falls on counsel.
- Vendor records officers sometimes lack local expertise.
Form SUBP-002 vs. SUBP-010 vs. SUBP-015
| Feature | SUBP-002 | SUBP-010 / SUBP-015 |
|---|---|---|
| Purpose | Business records only | Personal appearance (010) or appearance plus records (015) |
| Custodian appearance | No | Yes |
| Witness fees | $15 plus mileage | $35 to $275 plus mileage |
| Typical use | Medical, payroll, bank | Oral deposition of custodian |
| Authentication | Custodian declaration under Evid. Code § 1561 | Live testimony |
FAQs
Do I have to file SUBP-002 with the court?
No. SUBP-002 is served on the deponent, not filed at issuance. File the Proof of Service with the court only if the subpoena becomes part of a motion or hearing.
Can a paralegal sign SUBP-002?
No. Only an attorney of record or a self-represented party may sign. Paralegals can prepare the form, but signing is the unauthorized practice of law under Business and Professions Code § 6125.
Do I need to serve a Notice to Consumer for medical records?
Yes. Medical records of any non-party person require Form SUBP-025 served at least 5 days before the subpoena under CCP § 1985.3.
What date do I write in Item 4 if the deponent agrees to early production?
Yes, you can shorten the date by written stipulation, but still write the agreed date in Item 4 and attach the signed stipulation to avoid disputes later.
Do I check both boxes in Item 2 to be safe?
No. Checking both demands a personal appearance and triggers higher witness fees. For records-only, check only the first box.
Can I write “any and all documents” in Item 3?
No. Vague language draws motions to quash. List dates, accounts, and named people in Attachment 3 instead.
Does the deponent get paid for producing records?
Yes. The deponent gets the $15 statutory witness fee plus reasonable copying and mailing costs under Evidence Code § 1563.
Is SUBP-002 valid if I forget the State Bar number?
No. The clerk and the deponent’s lawyer treat the omission as a defect, and the subpoena is usually re-served.
Can I serve SUBP-002 by email?
No, unless the deponent has agreed in writing under CCP § 1010.6 or a court order authorizes electronic service.
What if the records custodian is out of state?
Yes, you can still serve, but you must use a sister-state subpoena under that state’s Uniform Interstate Depositions and Discovery Act process; SUBP-002 alone has no force outside California.
Do I need to fill in the back of SUBP-002 myself?
No. The Proof of Service on the reverse is completed and signed by the process server, not by the issuing attorney.
Is the production date the same as the deposition date?
No. The production date is when records reach the deposition officer; there is no live deposition unless you used SUBP-015.
Do I have to use a deposition officer?
Yes. Under CCP § 2020.420, a deposition officer must receive, copy, and distribute the records to authenticate them under Evidence Code § 1560.
What happens if I serve the subpoena 10 days before production?
No valid duty to produce arises; the deponent can object on timing and the court will likely quash the subpoena under CCP § 1987.1.
Related reading
- How to Fill Out California Form DISC-001 (w/Examples) + FAQs
- How to Fill Out California Form DISC-005 (w/Examples) + FAQs
- How to Fill Out Florida Form 1.913 (w/Examples) + FAQs
- How to Fill Out California Form SUBP-020 (w/Examples) + FAQs
- How to Fill Out California Form SUBP-030 (w/Examples) + FAQs
- How to Fill Out California Form SUBP-010 (w/Examples) + FAQs
- How to Fill Out California Form CIV-010 (w/Examples) + FAQs