California Form SUBP-010 is the Deposition Subpoena for Production of Business Records, the Judicial Council form a party uses to compel a non-party custodian of records to hand over documents in a pending civil case. The current revision is dated January 1, 2012, and you should confirm that date in the lower-left corner of the PDF before you sign it.
If you serve the wrong version, miss the 20-day production rule under Code of Civil Procedure §2020.410(c), or skip the consumer notice required by CCP §1985.3, the custodian can refuse to produce, the court can quash the subpoena, and you can face sanctions under CCP §2023.030. About 40% of pro se subpoenas in California are returned or objected to for service or notice defects, according to data published by the Judicial Council Self-Help Center.
Here is what you will learn in this guide:
- 📄 What SUBP-010 does, who signs it, and which statutes govern every box on the form
- 🧾 Every document, address, and fee you need to gather before you open the PDF
- ✍️ A field-by-field walkthrough using the official box numbers and Judicial Council labels
- 👥 Three full filled-out examples covering personal injury, employment, and family-law bank records
- ⚖️ How to file, serve, and defend the subpoena, plus the 12 most common mistakes that get records suppressed
What the Form Is and Who Must File It
SUBP-010 is a deposition subpoena under CCP §§2020.410–2020.440 that orders a non-party “custodian of records” to deliver copies of business records to a deposition officer on a date certain. It is not a court order signed by a judge. It is signed by the attorney of record, or by a self-represented party with the clerk’s seal under CCP §2020.210.
The form is used in any pending civil action in California superior court, including unlimited civil, limited civil, family law, and probate cases. It is the right tool when you want only documents and you do not need the witness to appear and testify. If you also want the custodian to testify, you must use SUBP-020, the Deposition Subpoena for Personal Appearance and Production.
Anyone who is a party to the case can issue SUBP-010, including pro se litigants, paralegals working under an attorney, and out-of-state lawyers who have associated California counsel. The custodian served must be located in California, and the production place must be within 75 miles of the custodian’s address under CCP §2025.250. If your records are out of state, you must use the Interstate Deposition Subpoena Act instead.
The agency that “receives” the form is not really an agency. The subpoena is served on the custodian, and the produced records go to the deposition officer, who is a professional copy service registered under CCP §2020.420. The court only sees SUBP-010 if there is a motion to quash or to compel.
Before You Start: Documents and Information You Need
Gathering the right information before you open the PDF saves you from re-issuing a defective subpoena. Each missing item below is a documented reason custodians refuse to produce or courts grant motions to quash under CCP §1987.1.
- Case caption with court branch, case number, and assigned department. Without this exact information the clerk cannot seal the subpoena, and the custodian cannot verify that a real case exists.
- Custodian of records’ legal name and service address. Use the entity’s agent for service of process on file with the California Secretary of State bizfile portal. Serving “ABC Hospital” instead of “ABC Health System, Inc.” is a common defect.
- A precise description of the records you want. Vague categories like “all records” trigger objections and motions to quash for being overbroad.
- The consumer’s or employee’s full legal name, address, and (if known) date of birth. You need this to prepare the SUBP-025 Notice to Consumer or Employee.
- The deposition officer’s name, address, and registration. Most filers retain a professional copy service; you must list the officer on the form.
- A production date at least 20 days after issuance and 15 days after service. This is mandatory under CCP §2020.410(c).
- Witness fee and copying cost estimate. Evidence Code §1563 sets a $15 witness fee, $0.10 per page for standard copies, and $0.20 per page for microfilm.
- Proof of service form. Use POS-020 for a deposition subpoena and prepare it before service so the process server can sign on the day of service.
- Your attorney bar number, or self-represented contact block. Without this the clerk will not seal SUBP-010 for a pro se party.
- A copy of the operative complaint or petition. Some custodians (especially banks and hospitals) ask to see it before producing.
Where to Get the Form and How to Access It
The only authoritative version of SUBP-010 is the fillable PDF hosted on the California Courts forms page. Download it directly; never use a third-party scan, because the Judicial Council updates the form periodically and outdated versions can be rejected by the clerk.
Open the PDF in Adobe Acrobat Reader rather than a browser preview. The form has fillable fields, signature lines, and checkboxes that often render incorrectly inside Chrome or Safari. Save your completed copy as a flattened PDF before printing so the fields lock in place.
You can also pick up a paper copy at any superior court clerk’s office, including the Self-Help Center windows in larger courthouses. Self-represented filers should bring two extra copies: one for the clerk to seal, and one to keep as a file copy. The clerk will not give you legal advice, but they will tell you whether the form looks complete on its face.
The Judicial Council also publishes the SUBP-010-INFO instruction sheet, which is plain-English background on what records can be subpoenaed. Read it once before you start; it is not a substitute for the statutes, but it explains the consumer-notice rules in everyday language.
Step-by-Step: How to Fill Out SUBP-010 Line by Line
The form is two pages. Page 1 contains the caption, the command to the custodian, the records description, and the production logistics. Page 2 contains the consumer/employee notice attestation and the issuing party’s signature block. Every field below uses the exact label printed on the January 1, 2012 revision.
Attorney or Party Without Attorney Box (Top Left)
This is the box in the upper-left corner that asks for the Name, State Bar Number, and Address of the issuing party. In plain English, this is “who is sending the subpoena and how can the court reach them.”
To answer, type your full legal name on the first line, your State Bar of California number (or write “In Pro Per” if you are self-represented), then your street address, city, state, ZIP, telephone, fax, and email. Use all-caps formatting if you are matching the Judicial Council style.
A specific example: Maria L. Lopez, SBN 245678, 100 Main Street, Suite 200, Los Angeles, CA 90012, Tel: (213) 555-0145, Email: mlopez@lopezlaw.com. A pro se filer would write Carlos R. Diaz, In Pro Per, 482 Oak Avenue, San Diego, CA 92101.
A common nuance: if you are a paralegal, do not put your name here. The signer must be the attorney of record under CCP §2020.210(b). The most common mistake is using a P.O. Box without also providing a physical street address; California Rule of Court 2.111 requires a street address for service.
The direct consequence is that the clerk will reject the form at filing, costing you the production date you calendared. A misconception many pro se filers carry is that they can write “Same as plaintiff” — they cannot, because the form is a stand-alone document the custodian may receive without the complaint.
Attorney For (Name) Field
This field asks which party in the lawsuit you represent. In plain English, “are you sending this subpoena on behalf of the plaintiff, defendant, cross-complainant, or someone else?”
Write the role on the line, like Plaintiff Maria Lopez or Defendant Acme Trucking, Inc. If you represent yourself, write Self.
For example, Attorney For: Plaintiff Carlos R. Diaz. If you are defense counsel for the employer in a wage case, write Defendant ABC Logistics, LLC.
The nuance arises in multi-party cases: if you represent two co-defendants, list both. The mistake to avoid is leaving this blank because the custodian uses it to confirm you have standing to issue process. The misconception is that this line is optional — it is not, because CCP §2020.220 requires the subpoena to identify the issuing party’s role.
Superior Court of California, County of ____ Field
This is where you write the county where your case is pending. In plain English, “which California county courthouse is hearing the case.”
Type the county name in all caps, like LOS ANGELES or SAN DIEGO. Below that line, fill in the courthouse street address, mailing address (if different), city/ZIP, and the branch name printed on your operative complaint.
For example, SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA, 1225 Fallon Street, Oakland, CA 94612, René C. Davidson Courthouse. If your case is in family law, also list the branch (e.g., Hayward Hall of Justice).
The nuance: if the case has been transferred between branches, use the branch where it currently sits. The mistake is using the filing branch when the case has moved; the custodian will look up the case number in the new branch and find nothing. The misconception is that “Superior Court” is enough — it is not, because California has 58 separate superior courts.
Plaintiff/Petitioner and Defendant/Respondent Caption
This caption block mirrors the operative complaint. In plain English, “list the parties exactly as they appear in the lawsuit.”
Copy the names verbatim from the complaint or petition. Do not abbreviate, do not drop “Inc.” or “LLC,” and do not add new parties.
For example, Plaintiff: MARIA LOPEZ, an individual; Defendant: ACME TRUCKING, INC., a California corporation; and DOES 1-50, inclusive.
The nuance is that some courts truncate long captions on the e-filing system; you must still write the full caption on the subpoena. The mistake is dropping the Doe defendants — the custodian uses the caption to confirm the case is real, and an incomplete caption can prompt a refusal. The misconception is that the caption can be summarized as “Lopez v. Acme”; that shorthand belongs only on later motion captions, not on the subpoena.
Case Number Field
This field asks for the case number assigned by the clerk when the complaint was filed. In plain English, “what is the docket number of your case.”
Copy it exactly, including dashes and letter prefixes, like 22STCV01234 in Los Angeles or CGC-23-587654 in San Francisco. Use the format printed on your conformed complaint.
For example, Case Number: 24CV012345 for an Alameda case, or FL-2025-009876 for a family-law matter in Riverside.
The nuance is that consolidated cases have a lead case number; use that one and put the related numbers in parentheses. The mistake is using the limited-civil prefix on an unlimited-civil case (or vice versa); custodians cross-check this with the court website. The misconception is that you can leave this blank if the case was filed yesterday — you cannot, because no case number means no jurisdiction to issue process.
Item 1 – The Person Subpoenaed (Custodian’s Name and Address)
Item 1 names the custodian of records you are commanding to produce. In plain English, “who has the documents, and where do we serve them.”
Write the entity’s full legal name on the first line and the agent for service of process address on the second line. Pull both from the California Secretary of State bizfile portal or, for hospitals, from the California Department of Public Health licensing database.
For example, Custodian of Records, Wells Fargo Bank, N.A., c/o CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833.
The nuance is that some banks have specific subpoena-compliance addresses (Wells Fargo’s is in Minneapolis, but California subpoenas must still be served on the in-state agent). The mistake is naming the branch manager instead of the registered agent; service is invalid under Corporations Code §1701. The misconception is that “Custodian of Records” alone is enough — it is not, because a subpoena must identify a legal entity capable of being served.
Item 2 – Records to Be Produced
Item 2 is the heart of the subpoena. In plain English, “describe exactly which documents you want, with enough specificity that the custodian can find them without guessing.”
List the records by category, date range, account number, and patient/employee identifier. Attach a continuation sheet (label it Attachment 2) if you need more space. Always include a date range to avoid an overbreadth objection.
For example: All medical records, including but not limited to admission records, discharge summaries, physician notes, nursing notes, imaging reports, laboratory results, and billing statements, for patient MARIA LOPEZ, DOB 03/14/1985, for the period January 1, 2023 through present.
The nuance is that privileged categories (psychotherapy notes under Evid. Code §1014, HIV records under Health & Safety Code §121025) require additional authorizations. The mistake is writing “any and all records” with no date range; courts routinely quash this language. The misconception is that the custodian will figure out what you want — they will not, and they will charge you for over-production.
Item 3 – Production Date, Time, and Place
Item 3 sets the deadline and location for production. In plain English, “when and where must the records be delivered.”
Enter a date that is at least 20 days after the date you sign the subpoena and at least 15 days after service on the custodian. Enter a time (typically 10:00 a.m.) and the deposition officer’s address.
For example: Date: July 15, 2026; Time: 10:00 a.m.; Place: Acme Attorney Service, 555 Capitol Mall, Suite 100, Sacramento, CA 95814.
The nuance is that the consumer-notice 5-day pre-service rule under CCP §1985.3(b) effectively pushes your production date out further when consumer records are involved. The mistake is using a 10-day or 14-day production date; the custodian’s compliance team will reject the subpoena automatically. The misconception is that you can shorten the date by stipulation alone — you can shorten it, but only by court order on noticed motion.
Item 4 – Records Custodian Production Method
Item 4 tells the custodian how they may produce. In plain English, “may they mail copies, deliver originals, or appear in person.”
Check the box that authorizes the custodian to deliver copies to the deposition officer rather than appearing personally, which is the standard option under Evid. Code §1560. This is what makes SUBP-010 a “records-only” subpoena.
For example, the box reads: ☒ deliver a true, legible, and durable copy of the business records described in item 3 to the deposition officer at the witness’s address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b).
The nuance is that for original records (rare, but used in handwriting cases) you must check a different option and arrange a custodian appearance. The mistake is failing to check this box at all, which makes the subpoena ambiguous. The misconception is that the custodian must produce originals by default — they need not, under Evid. Code §1562.
Item 5 – Deposition Officer Information
Item 5 names the professional copy service that will receive and reproduce the records. In plain English, “which company is collecting and copying the documents for you.”
Write the deposition officer’s business name, address, and telephone. The officer must be a registered professional photocopier under Business & Professions Code §22451.
For example, Deposition Officer: First Legal Records, 1517 W. Beverly Blvd., Los Angeles, CA 90026, (213) 250-1111.
The nuance is that you, the attorney, can act as deposition officer only if you take possession of the records under seal and treat them as the statute requires; most lawyers hire a service. The mistake is leaving this blank thinking the custodian can ship records to your office; that violates the chain-of-custody requirement of Evid. Code §1561. The misconception is that any copy shop will do — only registered professional photocopiers qualify.
Item 6 – Consumer or Employee Notice Attestation
Item 6 is the box where you swear that you have either served, or are exempt from serving, the SUBP-025 Notice to Consumer or Employee. In plain English, “did you give the person whose records these are advance warning.”
Check box 6a if you served SUBP-025 on the consumer or employee at least 5 days before serving SUBP-010 on the custodian, per CCP §1985.3(b) and §1985.6(b). Check 6b if you have a signed authorization or court order, or if the records are exempt.
For example: ☒ 6a. The records sought are personal records of a consumer, and the consumer has been given the notice required by Code of Civil Procedure section 1985.3 on June 1, 2026.
The nuance is that “consumer records” includes medical, banking, insurance, telephone, and many employment-adjacent records; when in doubt, serve SUBP-025. The mistake is checking 6b without an actual signed authorization — sanctions under CCP §1985.3(k) are mandatory. The misconception is that a small business’s records are not “consumer” records; if the small business is a sole proprietorship, they often are.
Date and Signature Block
The signature block is on page 2. In plain English, “sign and date the subpoena to make it effective.”
The attorney of record signs and prints their name, or the self-represented party signs as In Pro Per. The clerk’s seal is required for pro se filers; bring two copies to the clerk for sealing.
For example, Date: June 10, 2026; Signature: /s/ Maria L. Lopez; Print Name: Maria L. Lopez; Title: Attorney for Plaintiff.
The nuance is that an electronic signature complies if it meets Code of Civil Procedure §17(b)(2). The mistake is signing in the wrong box (the deposition officer line is not for you). The misconception is that a stamped signature is fine; the Judicial Council requires an actual signature, and many custodians reject stamped subpoenas.
Three Filled-Out Examples Using Real Scenarios
Below are three of the most common SUBP-010 fact patterns. Each table walks one named filer through the form. Italicized text shows what the filer literally writes on the form.
Example 1: Personal Injury – Maria Lopez Subpoenaing the Defendant Driver’s Insurance Claim File
| Form Section | What Maria Enters |
|---|---|
| Attorney/Party box | Maria L. Lopez, SBN 245678, Lopez Law APC, 100 Main St., Suite 200, Los Angeles, CA 90012 |
| Attorney For | Plaintiff Carlos R. Diaz |
| Court | SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, Stanley Mosk Courthouse |
| Caption | Carlos R. Diaz v. Acme Trucking, Inc., et al. |
| Case Number | 24STCV01234 |
| Item 1 – Custodian | Custodian of Records, Geico General Insurance Company, c/o CT Corporation System, 330 N. Brand Blvd., Glendale, CA 91203 |
| Item 2 – Records | Complete claim file for claim no. 0123456789, including adjuster notes, statements, photographs, repair estimates, and reserve information, January 1, 2024 to present |
| Item 3 – Production | Date: July 15, 2026; Time: 10:00 a.m.; Place: First Legal Records, 1517 W. Beverly Blvd., Los Angeles, CA 90026 |
| Item 6 – Notice | ☒ 6a – SUBP-025 served on consumer Acme Trucking, Inc. on June 1, 2026 |
| Signature | /s/ Maria L. Lopez, Attorney for Plaintiff, June 10, 2026 |
Example 2: Employment – Janet Park Subpoenaing Payroll Records From a Former Employer
| Form Section | What Janet Enters |
|---|---|
| Attorney/Party box | Janet S. Park, In Pro Per, 482 Oak Ave., San Diego, CA 92101 |
| Attorney For | Self, Plaintiff Janet S. Park |
| Court | SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO, Hall of Justice, 330 W. Broadway |
| Caption | Janet S. Park v. ABC Logistics, LLC |
| Case Number | 37-2025-00012345-CU-OE-CTL |
| Item 1 – Custodian | Custodian of Records, ABC Logistics, LLC, c/o National Registered Agents, Inc., 818 W. Seventh St., Suite 930, Los Angeles, CA 90017 |
| Item 2 – Records | All payroll records, time cards, wage statements, commission reports, and personnel file entries for Janet S. Park, SSN ending 4321, employed January 5, 2021 through April 30, 2025 |
| Item 3 – Production | Date: August 5, 2026; Time: 9:30 a.m.; Place: Knox Attorney Service, 2250 Fourth Ave., San Diego, CA 92101 |
| Item 6 – Notice | ☒ 6a – SUBP-025 served on employee Janet S. Park (self) on July 20, 2026 |
| Signature | /s/ Janet S. Park, In Pro Per, July 25, 2026 |
Example 3: Family Law – Robert Chen Subpoenaing Spouse’s Bank Records
| Form Section | What Robert Enters |
|---|---|
| Attorney/Party box | Robert M. Chen, SBN 312456, Chen Family Law, 1 Sansome St., Suite 3500, San Francisco, CA 94104 |
| Attorney For | Petitioner Linda Chen |
| Court | SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO, Civic Center Courthouse, Unified Family Court |
| Caption | In re the Marriage of Linda Chen and David Chen |
| Case Number | FDI-25-812345 |
| Item 1 – Custodian | Custodian of Records, Bank of America, N.A., c/o CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Dr., Suite 150N, Sacramento, CA 95833 |
| Item 2 – Records | All monthly statements, signature cards, deposit slips, withdrawal slips, and wire transfer records for account no. xxxx-xxxx-1234 in the name of David Chen, January 1, 2020 through present |
| Item 3 – Production | Date: September 2, 2026; Time: 10:00 a.m.; Place: Janney & Janney, 1545 Wilshire Blvd., Suite 600, Los Angeles, CA 90017 |
| Item 6 – Notice | ☒ 6a – SUBP-025 served on consumer David Chen on August 15, 2026 |
| Signature | /s/ Robert M. Chen, Attorney for Petitioner, August 20, 2026 |
A fourth named filer worth noting is Aisha Jackson, a probate attorney who used SUBP-010 to subpoena Vanguard brokerage records for a decedent’s estate, and a fifth is Marcus Reilly, a small-firm defense lawyer who subpoenaed cell phone records from Verizon under Public Utilities Code §2891 — both followed the same field-by-field pattern shown above.
How to File the Completed Form
SUBP-010 is not “filed” with the court in the way a complaint is; it is issued by the attorney or sealed by the clerk and then served on the custodian. The mechanics depend on whether you are represented and how you want to serve.
Personal service by registered process server. This is the dominant method. The process server delivers SUBP-010, the SUBP-025 notice, the witness fee, and the proof of service to the custodian’s agent. Cost runs $75 to $200 per service. You receive back a signed POS-020 within 1–3 business days as proof of filing.
Service by mail with notice and acknowledgment. Permitted under CCP §415.30. You mail the subpoena with a notice and acknowledgment; service is complete only when the custodian signs and returns the acknowledgment. Cost: postage only. Processing time: 20+ days because most custodians ignore the form. Keep the signed acknowledgment as proof.
Electronic service. Permitted only when the custodian has agreed in writing or where local rules allow it (see CRC 2.251). Most banks and hospitals do not accept e-service of subpoenas. If yours does, send by the agreed portal, retain the bounce-back receipt, and prepare POS-050 instead of POS-020.
In-person filing at the clerk’s office (pro se only). If you are self-represented, take two copies of SUBP-010 to the clerk’s office to be sealed before service. There is no filing fee for the subpoena itself; the witness fee of $15 plus copying costs under Evid. Code §1563 is paid to the custodian. Payment is by personal check, cashier’s check, or money order — most custodians refuse cash.
Always keep the conformed/sealed copy plus the signed proof of service in your case file. Those two documents are your proof if the custodian later claims the subpoena was never received.
What Happens After You File
Once served, the custodian has until the production date listed in Item 3 to deliver records to the deposition officer. Under Evid. Code §1560(b), the custodian must deliver the records within 15 days of receipt, or by the date in Item 3, whichever is later.
The deposition officer receives the records sealed in an inner envelope with a custodian’s affidavit under Evid. Code §1561. The officer then notifies all parties that records are available. You typically pay the copying invoice (the deposition officer’s plus the custodian’s) and receive a digital or paper copy.
If the custodian objects, they must serve a written objection within the production window or file a motion to quash. A consumer who received SUBP-025 has the same right under CCP §1985.3(g). If no objection arrives, production goes forward.
If records do not arrive on time, your remedy is a motion to compel under CCP §2025.480. The court can order production, award sanctions, or hold the custodian in contempt.
Mistakes to Avoid When Filling Out the Form
Each error below is a documented reason California courts have quashed deposition subpoenas or sanctioned the issuing party.
- Setting a production date less than 20 days after issuance. The custodian will reject the subpoena outright under CCP §2020.410(c).
- Skipping the SUBP-025 consumer notice. The court will quash the subpoena and may award sanctions to the consumer.
- Serving SUBP-025 on the same day as SUBP-010. Violates the 5-day-advance rule and produces the same defect.
- Naming the wrong corporate entity. Service is invalid and you must re-issue, missing your discovery cutoff.
- Using “any and all records” with no date range. Triggers an overbreadth motion to quash that you will lose.
- Forgetting the deposition officer’s address in Item 5. The custodian has nowhere to send records and will refuse production.
- Listing a production place more than 75 miles from the custodian. Violates CCP §2025.250 and is an automatic ground to quash.
- Failing to include the witness fee with service. Custodians can refuse production until the fee is paid.
- Signing the deposition officer line instead of the attorney line. Renders the subpoena void on its face.
- Using an outdated revision of SUBP-010. Some clerks refuse to seal it; some custodians refuse to comply.
- Subpoenaing privileged records without an authorization. Triggers sanctions under CCP §2023.030 and possible Bar discipline.
- Failing to file a proof of service. Without POS-020, you cannot prove the subpoena was served if the custodian later denies it.
Do’s and Don’ts
Do
- Pull custodian addresses from the Secretary of State bizfile portal, because the address on the company website is rarely the agent for service.
- Calendar the 20-day production window the day you sign, because backdating creates a void subpoena.
- Use a registered professional photocopier as deposition officer to preserve chain of custody under Evid. Code §1561.
- Serve SUBP-025 first, wait at least 5 days, then serve SUBP-010, because the order of service is the most-litigated defect.
- Use date ranges in Item 2, because they defeat the overbreadth objection custodians file most often.
- Keep a paper file copy with the conformed POS-020, because digital-only files have been lost in motion practice.
Don’t
- Don’t write “Custodian of Records” with no entity name, because the subpoena cannot be served.
- Don’t sign in pencil or stamp the signature, because many custodians reject stamped subpoenas.
- Don’t subpoena medical records without a HIPAA-compliant authorization in addition to SUBP-025, because federal law layers on top of California law.
- Don’t pay the custodian’s copying invoice in cash, because you lose your proof of payment.
- Don’t shorten the production date by stipulation in writing only — get a court order, because CCP §2020.410(c) is mandatory.
- Don’t combine SUBP-010 with SUBP-020, because they are different subpoenas with different rules.
Pros and Cons of Filing on Your Own vs. With Help
Pros of filing pro se
- No attorney fees, which matters in small-dollar disputes.
- Direct control over the records description, with no game of telephone.
- The Judicial Council form and SUBP-010-INFO sheet are written for self-represented filers.
- The clerk will seal the form for you at no charge.
- You learn the discovery rules, which helps in later motions.
Cons of filing pro se
- One missed deadline can void weeks of work and push your trial date.
- Custodians scrutinize pro se subpoenas more closely, leading to more objections.
- You may not recognize when records are privileged, exposing you to sanctions.
- Process-server and deposition-officer fees still apply, so it is not free.
- You bear the time cost of researching CCP §§1985.3 and 1985.6 yourself.
- A defective subpoena can be used against you to argue you waived the records.
SUBP-010 vs. SUBP-020 at a Glance
| Feature | SUBP-010 |
|---|---|
| Purpose | Records-only production by custodian, no testimony |
| Custodian appearance | Not required |
| Default delivery | Copies to deposition officer under Evid. Code §1560 |
| Witness fee | $15 plus copying costs |
| Best for | Banks, hospitals, employers, insurers |
| Feature | SUBP-020 |
|---|---|
| Purpose | Personal appearance plus production at deposition |
| Custodian appearance | Required at deposition |
| Default delivery | Records brought to deposition |
| Witness fee | $35 plus mileage under Gov. Code §68097.1 |
| Best for | When testimony about records is needed |
FAQs
Do I need a court order to issue SUBP-010?
No. Attorneys sign the subpoena themselves, and self-represented parties have it sealed by the clerk under CCP §2020.210. The subpoena issues without judicial review.
Is SUBP-025 always required?
No. It is required only for consumer or employee personal records as defined in CCP §§1985.3 and 1985.6. Pure business records to a non-consumer are exempt.
Do I write my maiden name or married name in Item 2?
Yes, include both if the custodian’s records may be indexed under either. Use the format Maria Lopez (formerly Maria Garcia) so the clerk’s search returns all records.
Can I serve SUBP-010 by email?
No, unless the custodian has agreed in writing or local rules permit electronic service under CRC 2.251. Most banks and hospitals do not accept e-service.
Do I check Item 6a or 6b if the consumer signed an authorization?
Yes, check 6b because a written consumer authorization is the recognized exception in CCP §1985.3(c). Attach the signed authorization to the subpoena.
What date do I put in Item 3 if I sign on June 1?
No earlier than June 21, because the production date must be at least 20 days after issuance under CCP §2020.410(c). Most filers add a buffer and choose 25–30 days.
Can I subpoena records located in Nevada with SUBP-010?
No. Out-of-state records require the Interstate Deposition Subpoena Act and a subpoena issued by the foreign court. SUBP-010 has no extraterritorial reach.
Is there a filing fee for SUBP-010?
No filing fee at the clerk’s office. You pay only the $15 witness fee, copying costs under Evid. Code §1563, and your process server.
Do I have to use a deposition officer?
Yes in practice, because Evid. Code §1561 requires a sealed-envelope chain of custody. Acting as your own officer is allowed but rarely advisable.
Can the custodian charge me for searching for records?
Yes, in addition to copying costs, Evid. Code §1563(b) allows reasonable clerical and retrieval charges of $24 per hour after the first quarter hour.
What if I list the wrong account number in Item 2?
No records will be produced, because banks search by exact account number. Re-issue the subpoena with the correct number and serve a new SUBP-025 if the consumer differs.
Can I get medical records with SUBP-010 alone?
No, you also need a HIPAA-compliant authorization or court order, because 45 C.F.R. §164.512(e) layers federal privacy rules on top of California’s CCP §1985.3.
What if the custodian objects?
Yes, they may serve a written objection or move to quash; your remedy is a motion to compel under CCP §2025.480 within 60 days of the production date.
Do I need to attach the complaint to SUBP-010?
No, but many custodians (especially banks) will request a copy before producing. Sending it proactively reduces back-and-forth and shortens production time.
Related reading
- How to Fill Out California Form POS-050 (w/Examples) + FAQs
- How to Fill Out California Form DISC-001 (w/Examples) + FAQs
- How to Fill Out Florida Form 7.331 (w/Examples) + FAQs
- How to Fill Out California Form SUBP-002 (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 CIV-010 (w/Examples) + FAQs