California Form SUBP-020 is the Deposition Subpoena for Production of Business Records, the Judicial Council form a party in a California civil case uses to compel a non-party business to hand over documents without a live deposition. Any litigant — attorney or self-represented — who needs records from a hospital, bank, employer, phone company, school, insurer, or other business entity files this form under Code of Civil Procedure §§ 2020.410–2020.440.
A subpoena that goes out with the wrong records description, the wrong custodian address, or the missing Notice to Consumer or Employee (SUBP-025) is dead on arrival, and the records you need can be quashed in a single hearing under CCP § 1987.1. The Judicial Council reports that subpoena-related motions to quash are among the most common discovery motions filed in California superior courts, and a 2023 Civil Justice Report flagged service defects and consumer-notice failures as the leading cause.
Here is what you will learn in this guide:
- 📄 What every box, line, and signature block on SUBP-020 actually means in plain English
- ⚖️ How to comply with the consumer and employee notice rules under CCP § 1985.3 and § 1985.6
- 🧾 Three real scenarios — a personal-injury plaintiff, an employment lawyer, and a family-law attorney — walked through the form line by line
- 🚫 The ten mistakes that get subpoenas quashed and the consequences that follow each
- 📬 How to serve, file proof, and collect records through every channel California allows
What the Form Is and Who Must File It
Form SUBP-020 is the Deposition Subpoena for Production of Business Records, adopted by the Judicial Council of California and mandatory in every superior court civil case. The current revision date printed in the lower-left corner of the form is Rev. January 1, 2012, and you should always confirm the version on the California Courts forms page before filing because the Judicial Council can update mandatory forms at any time. Using an outdated version is a common reason clerks reject the proof of service.
This form lets a party in a pending civil action force a non-party business to deliver copies of records to a deposition officer without anyone sitting for live testimony. It is built on the framework in CCP § 2020.410, which authorizes a “records-only” deposition subpoena, and § 2020.430, which sets the personal-service rule.
Anyone may issue this subpoena: a licensed California attorney, an attorney admitted pro hac vice, or a self-represented party. Attorneys sign the form themselves under CCP § 2020.210(b), while a self-represented party must take a blank form to the court clerk and have the clerk issue and seal it before service.
Common filers include personal-injury attorneys subpoenaing hospital and ambulance records, employment lawyers chasing payroll and personnel files, family-law attorneys collecting bank and credit-card statements, business litigators pulling vendor invoices, and pro se litigants gathering school or phone records. Each scenario has its own notice trap, and the form treats all of them the same on the face of the document.
Before You Start: Documents and Information You Need
Gather the following before you open SUBP-020, because every blank box on the form maps to one of these items, and a missing piece is the single most common reason a subpoena is quashed at the law and motion hearing.
- The full case caption. You need the exact court name, branch, case number, and short title as they appear on the most recent filed pleading. A typo in the case number routes the response to the wrong file and stalls production.
- The deponent’s legal name and address. This is the custodian of records at the business that holds the documents, not the business’s general counsel or CEO. Calling Aetna’s main switchboard usually gets you the wrong address.
- A precise description of the records sought. Vague language like “any and all documents” invites a motion to quash under CCP § 1987.1.
- The consumer’s or employee’s identifying information. If the records concern a person — medical, banking, employment, phone, school, or insurance — you must serve a Notice to Consumer or Employee (SUBP-025) at least 5 days before serving the deponent, per CCP § 1985.3(b).
- The deposition officer’s name and address. This is usually a professional photocopy or records-retrieval service, not the attorney. Listing the attorney’s office can violate the neutrality requirement of CCP § 2020.420.
- A production date at least 20 days out. CCP § 2020.410(c) requires production no earlier than 20 days after issuance or 15 days after service, whichever is later.
- Witness fees and copying costs. Under Evidence Code § 1563, you must reimburse reasonable costs — clerical time at $24/hour, $0.10–$0.20 per page, and actual postage.
- Your attorney bar number or pro se contact information. The signature block at the bottom of SUBP-020 requires it.
- A process server. Personal service is mandatory under CCP § 2020.220(b); mail service of the subpoena itself is not allowed.
- A blank Proof of Service (POS-020 or POS-030) for the server to complete after delivery.
Missing any of these stops you cold. A subpoena issued without the consumer notice, for example, exposes the issuing party to $500 statutory damages under CCP § 1985.3(k), plus attorney fees if a motion to quash is filed.
Where to Get the Form and How to Access It
The official, fillable PDF lives on the California Courts forms library, where you can download SUBP-020 free of charge. Always pull the form fresh from courts.ca.gov rather than reusing a saved copy, because the Judicial Council updates form metadata silently and clerks scan for the latest revision footer.
You can also access the form through the e-filing vendors approved by the superior courts, including One Legal, File & ServeXpress, and Green Filing. These platforms pre-populate the caption from your case profile and flag missing fields before submission, which lowers the rejection rate.
A self-represented party who does not have a printer can walk into any superior court self-help center and ask for a paper copy. The clerk will not fill it out for you, but staff will hand you the blank form and the companion SUBP-025 and POS-020 at the same counter.
The form is mandatory, meaning no county or local version may be substituted. Los Angeles, San Francisco, San Diego, Sacramento, and Orange County all use the identical Judicial Council PDF, though each local court may have its own filing fee schedule and e-filing portal.
Step-by-Step: How to Fill Out SUBP-020 Line by Line
The form fits on one double-sided page but contains nine distinct sections. Work through them in order, and never skip the consumer-notice analysis at item 4 even if you think the records are not personal.
Attorney or Party Without Attorney Box (Top Left)
What it asks in plain English. This is the identification block at the very top — name, bar number, firm, address, phone, email, fax, and which party you represent.
How to answer it. Print your full legal name, your California State Bar number if you are an attorney, your firm name, street address, city, state, ZIP, telephone, fax, and email. Use the format LAST NAME, FIRST NAME, SBN 123456. Self-represented parties write In Pro Per in the bar-number slot.
Example entry. Personal-injury lawyer Carlos Rivera writes Rivera, Carlos, SBN 245901, Rivera Injury Law, 1200 Wilshire Blvd., Suite 400, Los Angeles, CA 90017, Tel: (213) 555-0101, Email: carlos@riverainjury.com.
Nuance. If you share a P.O. Box with multiple attorneys, list the P.O. Box plus your firm’s suite line, because the deponent’s objections must be mailable back to a real receiving address.
Common mistake and consequence. Filers often leave the email blank, but California Rules of Court, Rule 2.111(1) requires it on every caption, and the clerk can reject the proof of service for non-conformance.
Misconception. Many pro se filers think they must list a lawyer here even if they do not have one — you do not. In Pro Per is the correct entry, and it does not weaken the subpoena’s force.
“Superior Court of California, County of ____” (Top Right)
What it asks. The county and the court branch address where the underlying case is filed.
How to answer. Spell out the county in capital letters, then on the lines below print the courthouse street address, mailing address (if different), city, ZIP, and the branch name (e.g., Stanley Mosk Courthouse).
Example entry. Carlos writes LOS ANGELES on the first line, then 111 N. Hill Street, Los Angeles, CA 90012, Stanley Mosk Courthouse below it.
Nuance. If the case was filed at a satellite branch like Santa Monica or Pomona, name the branch. The clerk routes objections to that branch’s records room.
Common mistake and consequence. Listing the wrong branch sends the custodian’s objections to a different file, and the records officer may default to non-production while the paperwork chases the case.
Misconception. You do not pick the most convenient courthouse — the venue follows the case, period.
Short Title and Case Number Boxes
What it asks. The abbreviated party names and the case number assigned at filing.
How to answer. Use the same short title that appears on your most recent pleading (e.g., Nguyen v. Acme Trucking, Inc.). Type the case number exactly as the clerk stamped it, including any hyphen or department prefix, such as 22STCV04567.
Example entry. Nguyen v. Acme Trucking, Inc. and 22STCV04567.
Nuance. Consolidated cases use the lead case number only, with a parenthetical noting consolidation if your local rule requires it.
Common mistake and consequence. A single transposed digit in the case number routes the response to the wrong file, and you may not learn about the misfile until the records do not arrive.
Misconception. Filers think the case number is interchangeable with the court’s internal file label — it is not.
Item 1 — “THE PEOPLE OF THE STATE OF CALIFORNIA, To (name, address, and telephone number of deponent, if known):”
What it asks. The full legal name, address, and phone of the custodian of records at the business holding the documents.
How to answer. Write the business’s exact registered name as listed on the California Secretary of State website, “Attn: Custodian of Records,” then the street address and phone. Avoid abbreviations like Inc. unless they appear in the registered name.
Example entry. Cedars-Sinai Medical Center, Attn: Custodian of Records, 8700 Beverly Blvd., Los Angeles, CA 90048, (310) 423-3277.
Nuance. Hospitals, banks, and large employers often have a specific subpoena-processing address that differs from headquarters — call ahead and ask.
Common mistake and consequence. Naming the company without “Custodian of Records” can cause the mailroom to discard the subpoena, and you lose the statutory production window.
Misconception. A subpoena addressed to “Cedars-Sinai” is not the same as one addressed to its custodian — the custodian is the legal recipient.
Item 2 — “YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS DESCRIBED IN ITEM 3”
What it asks. Three sub-checkboxes: (a) deliver to the deposition officer by mail, (b) deliver in person, or (c) make originals available for inspection.
How to answer. Check 2a for almost every modern subpoena, because mail or secure electronic delivery to the deposition officer is the default under CCP § 2020.430. Then write the date, time, and the name and address of the deposition officer.
Example entry. Date: 07/15/2026, Time: 10:00 a.m., Deposition Officer: First Legal Records, 1517 W. Beverly Blvd., Los Angeles, CA 90026.
Nuance. Box 2c is reserved for inspection of original tangible items, like a mangled bicycle frame, and is rarely used.
Common mistake and consequence. Checking 2b when you mean 2a forces the custodian to physically appear, which she will refuse, and you will need to reissue the subpoena.
Misconception. Filers think “deposition officer” means a court reporter — it can be any qualified records-retrieval service or photocopy service that complies with CCP § 2020.420.
Item 3 — Description of Records to Be Produced
What it asks. The actual list of documents the custodian must locate and copy.
How to answer. Either type the description on the line provided or check the box that says “the records are described in the attached affidavit” and attach a separate sheet labeled Attachment 3. Be specific: name the patient, the date range, and the type of record.
Example entry. Any and all medical records, x-rays, MRI films, billing statements, and itemized charges for patient Linh Nguyen, DOB 04/12/1987, for treatment dates 03/01/2025 through present.
Nuance. For employment records, name the employee, list the date range, and identify categories such as personnel file, payroll records, W-2s, time cards, and disciplinary write-ups.
Common mistake and consequence. Writing “any and all records” without limits invites a motion to quash for being overbroad under CCP § 1987.1, and the court can award sanctions to the responding party.
Misconception. Filers believe a broad request gets more documents — actually, custodians often produce less when overwhelmed and leave it to the requesting party to narrow.
Item 4 — Consumer/Employee Notice and Authorization
What it asks. Whether the records concern a consumer (medical, financial, insurance, phone, etc.) or an employee (personnel, payroll), which triggers separate notice rules.
How to answer. Check 4a if the records are not about a consumer or employee. Check 4b if they are, and confirm you have served SUBP-025 on the consumer/employee at least 5 days before serving the deponent.
Example entry. Carlos checks 4b because Linh’s hospital records are consumer records under CCP § 1985.3(a)(1).
Nuance. A signed authorization from the consumer can replace the formal notice procedure, but the authorization must be specific, dated, and attached.
Common mistake and consequence. Skipping the consumer notice exposes the issuing attorney to $500 statutory damages plus attorney fees under CCP § 1985.3(k) and a likely motion to quash.
Misconception. Filers think a HIPAA authorization alone is enough — California consumer-notice law is additional to HIPAA, not a substitute.
Item 5 — Issuing Party Designation
What it asks. Identifies which party is issuing the subpoena (plaintiff, defendant, cross-complainant, etc.).
How to answer. Print the party’s name and role exactly as captioned, e.g., Linh Nguyen, Plaintiff.
Example entry. Linh Nguyen, Plaintiff.
Nuance. In multi-party cases, list only the party you represent, not all aligned parties.
Common mistake and consequence. Listing the wrong role (e.g., “defendant” when you represent the plaintiff) can make the subpoena facially defective and supports a motion to quash.
Misconception. Filers think this box is decorative — the party designation establishes standing to issue and is checked by motion practice.
Witness Fee Notice and Penal Warnings
What it asks. This is the boxed warning text reminding the deponent of the $500 sanctions for disobedience under CCP § 1992 and contempt under CCP § 2020.240.
How to answer. Nothing — this language is pre-printed. Confirm the boilerplate prints legibly.
Example entry. No entry; verify the warnings appear on the served copy.
Nuance. Some older PDF copies cut off the warnings near the page break — always print a test copy.
Common mistake and consequence. Serving a copy with the warnings cropped weakens enforcement, because the deponent can argue lack of notice of penalties.
Misconception. Filers think they can edit this language for emphasis — they cannot; it is mandatory pre-printed text.
Date, Signature, and Type or Print Name (Bottom of Page)
What it asks. The issuance date, the signature of the attorney or court clerk, and the printed name plus title.
How to answer. Attorneys sign and date the form themselves, then print Attorney for [Party] under the signature. Self-represented parties leave the signature blank and bring the form to the court clerk, who signs and seals it.
Example entry. Date: 06/20/2026, /s/ Carlos Rivera, Attorney for Plaintiff Linh Nguyen.
Nuance. Electronic signatures are valid under CCP § 17(b)(2), provided the format complies with California Rules of Court, Rule 2.257.
Common mistake and consequence. A pro se filer who signs the form without clerk issuance has issued an invalid subpoena, and the deponent may ignore it without penalty.
Misconception. Filers think the signature creates the subpoena’s power — it is the issuance (attorney signature OR clerk seal) that does.
Reverse Side — Declaration in Support of Personal Attendance and Proof of Service
What it asks. The reverse side has spaces for proof of personal service, the server’s signature, and registration number.
How to answer. The process server completes this after delivering the subpoena. The server prints date, time, place of service, name of person served, and signs under penalty of perjury.
Example entry. Served on 06/22/2026 at 9:15 a.m. at 8700 Beverly Blvd., Los Angeles, CA, on Maria Gomez, Records Supervisor, by John Doe, Registered Process Server #PS-12345.
Nuance. A registered California process server can serve and sign; you, as a party, cannot serve your own subpoena per CCP § 2020.220(b).
Common mistake and consequence. Filing a POS-020 signed by the issuing party voids service, and the production deadline never starts.
Misconception. Filers think a notarized declaration is required — it is not; the process server’s perjury declaration is enough.
Three Filled-Out Examples Using Real Scenarios
Each scenario follows one named person from caption to signature. The tables show the most consequential entries, not every blank.
Scenario 1 — Carlos Rivera Subpoenas Hospital Records for a Personal-Injury Plaintiff
| Form Section | What Carlos Enters |
|---|---|
| Attorney box | Rivera, Carlos, SBN 245901, Rivera Injury Law, 1200 Wilshire Blvd., Ste. 400, Los Angeles, CA 90017 |
| County | LOS ANGELES — Stanley Mosk Courthouse, 111 N. Hill Street |
| Short title / case number | Nguyen v. Acme Trucking, Inc. / 22STCV04567 |
| Item 1 (deponent) | Cedars-Sinai Medical Center, Attn: Custodian of Records, 8700 Beverly Blvd., Los Angeles, CA 90048 |
| Item 2 (delivery) | Box 2a checked; 07/15/2026, 10:00 a.m., First Legal Records, 1517 W. Beverly Blvd., Los Angeles, CA 90026 |
| Item 3 (records) | All medical records, imaging, and billing for patient Linh Nguyen, DOB 04/12/1987, dates of service 03/01/2025–present |
| Item 4 (consumer notice) | Box 4b checked; SUBP-025 served on Linh Nguyen on 06/15/2026 |
| Signature | /s/ Carlos Rivera, Attorney for Plaintiff, dated 06/20/2026 |
Scenario 2 — Aisha Patel, Employment Lawyer, Subpoenas Payroll Records
| Form Section | What Aisha Enters |
|---|---|
| Attorney box | Patel, Aisha, SBN 312044, Patel Employment Group, 555 Mission St., Ste. 2200, San Francisco, CA 94105 |
| County | SAN FRANCISCO — Civic Center Courthouse, 400 McAllister St. |
| Short title / case number | Brooks v. Pacific Logistics LLC / CGC-25-601234 |
| Item 1 (deponent) | Pacific Logistics LLC, Attn: Custodian of Records, Payroll Dept., 2400 Cesar Chavez St., San Francisco, CA 94124 |
| Item 2 (delivery) | Box 2a checked; 08/05/2026, 9:30 a.m., Atkinson-Baker Records, 500 N. Brand Blvd., Glendale, CA 91203 |
| Item 3 (records) | Personnel file, time cards, W-2s, paystubs, and disciplinary records for Marcus Brooks, SSN ending 4421, employment dates 02/01/2022–11/15/2024 |
| Item 4 (employee notice) | Box 4b checked; SUBP-025 served on Marcus Brooks on 07/22/2026 per CCP § 1985.6 |
| Signature | /s/ Aisha Patel, Attorney for Plaintiff, dated 07/27/2026 |
Scenario 3 — Janet Kim, Family-Law Attorney, Subpoenas Bank Records
| Form Section | What Janet Enters |
|---|---|
| Attorney box | Kim, Janet, SBN 198772, Kim Family Law, 4400 MacArthur Blvd., Ste. 900, Newport Beach, CA 92660 |
| County | ORANGE — Lamoreaux Justice Center, 341 The City Drive South, Orange, CA 92868 |
| Short title / case number | In re Marriage of Hahn / 26D008812 |
| Item 1 (deponent) | Wells Fargo Bank, N.A., Attn: Subpoena Processing, P.O. Box 29779, Phoenix, AZ 85038 |
| Item 2 (delivery) | Box 2a checked; 09/10/2026, 11:00 a.m., Compex Legal Services, 17777 Center Ct. Dr. N., Cerritos, CA 90703 |
| Item 3 (records) | All checking, savings, and credit-card statements for accounts held by David Hahn, SSN ending 7710, period 01/01/2022 through present |
| Item 4 (consumer notice) | Box 4b checked; SUBP-025 served on David Hahn on 08/28/2026 |
| Signature | /s/ Janet Kim, Attorney for Petitioner Sarah Hahn, dated 09/02/2026 |
A fourth named filer worth noting is Diego Alvarez, a pro se small-business owner subpoenaing vendor invoices in a contract case; he must walk his unsigned SUBP-020 to the Sacramento Superior Court clerk for issuance because he is not an attorney. A fifth, Renée Washington, a probate paralegal, prepares SUBP-020 for an executor seeking decedent records from Kaiser Permanente, where the consumer-notice rule is replaced by the Probate Code § 13100 declaration when the patient is deceased.
How to File the Completed Form
You do not file the subpoena with the court before service — you issue it (attorney signature or clerk seal), serve it, and then file the proof of service with the court. Read every channel below because the wrong choice can void service.
Personal Service on the Deponent
A registered California process server hand-delivers the subpoena, the consumer/employee notice, and the witness-fee check (if any) to the custodian’s address. Personal service is required by CCP § 2020.220(b), and the typical fee is $65–$125 per address from companies like First Legal or Janney & Janney. Processing time runs 1–3 business days; the server returns a completed POS-020 as proof.
Service of the Consumer Notice (SUBP-025)
The consumer notice can be served by mail or personal delivery under CCP § 1985.3(b), at least 5 days before serving the deponent. The proof of service is the standard POS-030, and the keep-record is the signed POS-030 plus the certified-mail return receipt.
Filing the Proof of Service With the Court
After service, file the completed POS-020 with the superior court through e-filing portals such as One Legal or in person at the court clerk’s civil filing window. Filing fees vary — Los Angeles charges nothing to file proofs of service, while some counties charge a $25 motion-related fee for certain filings; check the Statewide Civil Fee Schedule. Accepted payment is credit card, ACH, or check; processing takes 1–5 days; keep the conformed copy as proof.
Records Delivery to the Deposition Officer
The custodian sends copies (paper or encrypted electronic) directly to the deposition officer named in Item 2a. Production is due no earlier than 20 days after issuance under CCP § 2020.410(c). The deposition officer logs receipt, certifies the copies, and notifies all parties; you keep the Affidavit of Custodian and the certification as proof.
What Happens After You File
Once the deponent is personally served and the consumer notice clock has run, the custodian has the production date in Item 2a — at least 20 days after issuance or 15 days after service, whichever is later — to deliver records. The deposition officer receives them under seal, certifies them under Evidence Code § 1561, and notifies all parties.
Any consumer or employee whose records are subpoenaed has a window to object by serving a written objection on the deposition officer and the issuing party before the production date, per CCP § 1985.3(g). A timely objection freezes production until the issuing party files a motion to compel under CCP § 2025.480.
If the custodian ignores the subpoena, you can move for sanctions under CCP § 1992 — $500 plus actual damages — and seek contempt under CCP § 2020.240. The motion is filed in the same superior court, on shortened notice if needed.
Once records arrive, you pay the custodian’s Evidence Code § 1563 charges (clerical time and copying), receive your set, and may use the records for deposition exhibits, expert review, or trial.
Mistakes to Avoid When Filling Out the Form
- Skipping the consumer notice. Failing to serve SUBP-025 on the consumer triggers $500 statutory damages plus fees under CCP § 1985.3(k).
- Using “any and all” language in Item 3. Overbroad descriptions invite a successful motion to quash and possible sanctions.
- Naming the company, not the custodian. Mailroom staff at large institutions discard subpoenas not addressed to the Custodian of Records.
- Listing the issuing attorney as deposition officer. Neutrality rules under CCP § 2020.420 require an independent officer.
- Setting a production date too soon. Less than 20 days after issuance violates CCP § 2020.410(c) and voids production.
- Pro se filers signing the form themselves. Self-represented parties cannot issue; only the clerk can.
- Mailing the subpoena to the deponent. Personal service is mandatory; mail service voids the subpoena.
- Forgetting the witness fee tender. Some custodians refuse production until statutory fees are advanced.
- Wrong case number on caption. Routing errors stall responses for weeks.
- Not filing proof of service. Without a filed POS-020, you cannot enforce by motion.
- Cropping the boilerplate warnings. A copy missing the penalty language weakens enforcement.
- Confusing SUBP-020 with SUBP-010. SUBP-010 is a civil subpoena for trial; SUBP-020 is for deposition records production.
Do’s and Don’ts
- Do confirm the form revision date matches the current Judicial Council version on courts.ca.gov, because clerks reject outdated forms.
- Do call the custodian’s subpoena desk before service to confirm the correct address, since national companies often centralize.
- Do serve the consumer notice 5 full days before serving the deponent under CCP § 1985.3(b), counting calendar days.
- Do use a registered process server with a California PSR number, so the proof of service is presumptively valid.
- Do keep a tender check or credit card on hand for Evidence Code § 1563 charges, because production may be withheld pending payment.
-
Do narrow Item 3 to a date range and a specific person, since precise requests get precise responses.
-
Don’t sign the form yourself if you are pro se — the subpoena will be void.
- Don’t name yourself or your paralegal as deposition officer, because neutrality is required.
- Don’t rely on a HIPAA authorization alone for medical records, since California demands the additional consumer notice.
- Don’t mail the subpoena to the deponent; personal service is the only valid channel.
- Don’t set the production date for a Saturday or holiday, because the custodian’s business day governs.
- Don’t ignore objections — a timely written objection freezes production until you move to compel.
Pros and Cons of Filing on Your Own vs. With Help
- Pro (self): No attorney fees — the form is free at courts.ca.gov, and process-server costs are modest.
- Pro (self): Full control over Item 3 wording, which you know best as the case manager.
- Pro (self): Faster turnaround when you do not need to wait for counsel availability.
- Pro (self): Direct relationship with the deposition officer, which speeds questions.
-
Pro (self): Builds long-term self-representation skills useful for follow-on discovery.
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Con (self): High risk of consumer-notice errors that trigger $500 sanctions per CCP § 1985.3(k).
- Con (self): Pro se filers must walk the form to the clerk for issuance, adding a courthouse trip.
- Con (self): Drafting Item 3 narrowly enough to survive a motion to quash takes practice.
- Con (self): Without familiarity with CCP § 2020.410 timing, dates often miss the 20-day floor.
- Con (self): Custodian disputes can spiral into law-and-motion practice that outpaces a self-represented litigant.
SUBP-020 vs. SUBP-010 at a Glance
| Feature | SUBP-020 |
|---|---|
| Purpose | Records-only deposition subpoena to a non-party business |
| Trigger statute | CCP § 2020.410 |
| Live appearance required | No |
| Consumer/employee notice | Yes, SUBP-025 required |
| Production window | 20 days after issuance / 15 days after service |
| Common use | Pre-trial discovery of medical, payroll, banking, school records |
| Feature | SUBP-010 |
|---|---|
| Purpose | Civil subpoena for trial appearance and/or documents |
| Trigger statute | CCP § 1985 |
| Live appearance required | Yes, at trial or hearing |
| Consumer/employee notice | Only if records are sought |
| Production window | At the trial/hearing date |
| Common use | Trial witnesses, percipient witnesses, custodians at hearing |
FAQs
Do I have to use the official Judicial Council version of SUBP-020?
Yes. The form is mandatory under Rule 1.31. Local versions are not accepted, and clerks reject outdated revisions on sight.
Can a self-represented party issue SUBP-020 without a clerk?
No. Only attorneys can sign and issue. Pro se litigants must take the unsigned form to the court clerk for issuance and seal before service.
Do I write the patient’s full Social Security number in Item 3?
No. Use the last four digits only, plus full name and date of birth, to comply with Rule 1.20 privacy redaction requirements.
Is checking Box 2a or Box 2b correct for medical records?
Yes, check Box 2a for delivery to the deposition officer. Box 2b is for personal appearance with records and is rarely needed for hospitals.
Do I list the law firm’s address as the deposition officer in Item 2?
No. CCP § 2020.420 requires a neutral deposition officer. Use a records-retrieval service like First Legal or Atkinson-Baker.
Can SUBP-020 be served by mail?
No. CCP § 2020.220(b) requires personal service on the deponent. Mail service voids the subpoena and the production deadline never starts.
Does the consumer notice apply to corporate records?
No. CCP § 1985.3 applies to natural-person records — medical, banking, phone, insurance. Corporate vendor invoices generally do not require SUBP-025.
Is a HIPAA authorization enough to skip SUBP-025?
No. California requires the consumer notice in addition to HIPAA. A signed authorization specific to the subpoena can substitute, but generic HIPAA forms do not.
Do I need to pay witness fees with SUBP-020?
Yes, when demanded. Government Code § 68097.1 and Evidence Code § 1563 set per-page and clerical-time costs the issuing party must reimburse.
Can the deponent object instead of producing?
Yes. A custodian may serve a written objection before the production date, citing privilege, overbreadth, or undue burden under CCP § 1987.1.
What if I miss the 20-day production window?
No valid production results. Under CCP § 2020.410(c), the date must be at least 20 days after issuance or 15 days after service, whichever is later.
Is SUBP-020 valid in small claims court?
No. Small claims uses different processes under CCP § 116.510. SUBP-020 is for limited and unlimited civil cases only.
Do I need a separate SUBP-020 for each business?
Yes. Each non-party deponent gets its own subpoena, its own personal service, and its own proof of service. Bundling multiple businesses on one form is invalid.
Can the records arrive electronically?
Yes, if the deposition officer accepts encrypted electronic delivery. The certification under Evidence Code § 1561 still applies.
Related reading
- Can Divorce Lawyers Subpoena Phone Records? (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-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