BUSINESS RECORDS SUBPOENA: GETTING COPIES OF

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BUSINESS RECORDS SUBPOENA:

GETTING COPIES OF DOCUMENTS FROM A NON-PARTY

This resource guide only provides guidance, and does not constitute legal advice. If you need legal

advice you need to speak with an attorney. To find an attorney to assist you, you may contact the San

Mateo County Lawyer Referral Service at (650) 369-4149.

WHAT IS A “BUSINESS RECORDS SUBPOENA?”

Parties in a lawsuit can use a “business records subpoena” to obtain records and information from non-

party witnesses, such as banks, employers, or police departments (Cal. Code of Civil Procedure (CCP) §

2020.41). The procedure requires several steps and takes a month or more, so start early!

WHAT TO DO:

STEP 1: Determine Whether the Documents are “Consumer or Employee” Records

If they are, you need to add about two weeks to the process.

“Consumer records” are records sought from telephone companies; banks, insurance and financial

services providers; health care providers; schools; attorneys; or accountants (CCP § 1985.3(a)(1)). An

“employee” is an individual who is or has been employed by a witness whose records are sought.

“Employee records” include books, documents, other writings or electronic data pertaining to

employment of any employee or former employee (CCP § 1985.6).

STEP 2: Set a Date and Location for Production

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1. For consumer/employee records, this must be at least 30 days away.

2. For non-consumer/employee records, this must be at least 15 days away.

Contact a copy service (copy shop) in your area to see if they handle document subpoenas. The service

you hire to do this is called the “Deposition Officer.” The Deposition Officer must be a professional

photocopier registered under California Business & Professions (Bus. & P) Code §§22450-22463. You

may need to contact several to find one that provides this service.

STEP 3: Complete the Required Forms

You will need two forms to subpoena business records:

• Deposition Subpoena for Production of Business Records (SUBP-010)

• Attachment (MC-025), describing the records you need (you will number this “Attachment 3”)

Completed samples are at the end of this Guide.

When you issue a Deposition Subpoena for Production of Business Records (SUBP-010), there are three

options for production in the first paragraph of the first page. Option “a” is having records delivered to

the Deposition Officer (copy shop employee), which is easiest in most situations. Note that you must

arrange to pay the witness their costs before taking delivery of the copies. Talk to the Deposition Officer

about how to accomplish this. One option is to ask the Deposition Officer to pay the witness and then

bill you. Under option “b,” a Deposition Officer goes to the witness’ place of business to pick up the

copies. Under “c,” the subpoenaing party (you) goes to the witness’ place of business and copies the

records (CCP §2020.430). Most self-represented litigants should choose option “a.”

NOTE: Telephone records, email, social media, and texts may require you to get the consumer’s

signature consenting to release. Cal. Public Utilities Code § 2891 and the Federal Stored

Communications Act (18 U.S.C. §§ 2701-2712) protect these types of records. A sample authorization

form can be found in Cal. Forms of Pleading and Practice, Ch.535, sec. 535:71. If the consumer will not

sign the release voluntarily, you may need to get a court order requiring the consumer to sign it. This

process is not covered in this guide.

STEP 4: Have the Court Clerk “Issue” the Subpoena

Take the Deposition Subpoena for Production of Business Records (SUBP-010) to the court where your

case is pending to be “issued” (stamped with the court seal). When the clerk stamps it with the court’s

seal, it becomes an official court order. For San Mateo County, these are filed at the Hall of Justice

located at 400 County Center Redwood City, CA 94063.

When you receive the issued subpoena, make enough copies of the stamped subpoena for yourself, the

witness, and all parties. You will serve these copies in later steps.

NOTE: if the records are NOT consumer or employee records, skip to STEP 9.

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To protect people’s privacy, subpoenas of consumer and employee records require an extra procedure 
to give the consumer/employee time to object. This can add as much as two weeks to the process, more 
if they object. The consumer/employee must be served at least 10 days (5 if you use personal service) 
before you serve the witness (CCP § 1985.3(b)(3)) and at least 25 days before the date of production (20 
if you use personal service) (CCP § 2020.410). 
NOTE: You can skip the Notice to Consumer/Employee steps if the person whose records you need is 
willing to sign an authorization. Include it instead of the copy of Notice to Consumer or Employee and 
Objection in steps 9 and 10. Sample authorization forms can be found in Cal. Forms of Pleading and 
Practice, Ch.535, sec. 535:70-73. 
STEP 5: Complete the Additional Form for Consumer/Employee Records 
In addition to the forms in Step 3, fill out page 1 of a Notice to Consumer or Employee and Objection 
(SUBP-025). Make enough copies of all forms for yourself, the witness, and all parties. You will serve 
these copies in later steps.  
STEP 6: Serve the Consumer/Employee with the Deposition Subpoena and Notice to Consumer or    
Employee 
Serve the consumer/employee with a copy of:  
•  Stamped Deposition Subpoena for Production of Business Records (SUBP-010) 
•  Attachment (MC-025) (describes the records you need) 
•  Notice to Consumer or Employee and Objection (SUBP-025) 
You can have this served by mail to the consumer/employee’s last-known address or by personal service 
if you are low on time. The person who is serving the Notice for you must complete the proof of service 
on the back of the original Notice to Consumer or Employee and Objection (SUBP-025). The server then 
gives the signed original Notice to you. You will use it in STEP 7.  
STEP 7: Serve All Parties by Mail 
NOTE: If the only other party is the consumer/employee, skip this step.  
Serve by mail all parties (or their attorneys) with copies of: 
•  Deposition Subpoena for Production of Business Records (SUBP-010) (plus Attachment (MC-025)) 
•  Notice to Consumer or Employee and Objection (SUBP-025) (showing the signed proof of service 
on the back)  
Keep the originals for your files.  
The person who is serving your documents must complete a Proof of Service by First Class Mail (POS-
030) form. The proof of service form should be completely filled out, but not signed.  

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Make a copy of the unsigned proof of service before proceeding. The server (person over the age of 18 
who is not a party to the case) must then mail a copy of the documents along with a copy of the 
unsigned Proof of Service form on the opposing attorneys or self-represented litigants.  
The server then signs the Proof of Service form, and gives it to you. Keep this in your files. 
STEP 8: Wait for Consumer/Employee to Respond 
Wait at least 10 calendar days (5 if you had the consumer personally served) before moving on to Step 9, 
“Serve the Witness.”  
The consumer/employee’s deadline to object is 5 days before the production date. A non-party 
consumer/employee just needs to fill out the objection on Notice to Consumer or Employee and 
Objection (SUBP-025). A consumer/employee who is a party needs to file a motion to quash the 
Subpoena in court.  
If the consumer/employee objects or files a motion to quash, the witness is not permitted to respond to 
your Deposition Subpoena. You may make a Motion to Compel Production (deadline: 20 days after 
service of the written objection), or file an Opposition to the Motion to Quash, as appropriate. Motions 
to Quash Subpoenas are not covered in this Guide; see a reference librarian for more information on 
this process.  
STEP 9: Serve the Witness (Company/Agency with the Business Records) by Personal Service at Least 
15 Days before Production Date 
Serve these documents at least 15 days before the production date (CCP § 2020.410(c)).  
Fill out but do not sign a Proof of Service by Mail (POS-030) listing all of the following documents and 
showing proof of service by mail on all parties. This Proof of Service will be used in Step 10, but you must 
include a copy of it in the packet you serve the witness.  
1.  If the documents are NOT consumer/employee records, have the witness personally served 
with: 
•  Deposition Subpoena for Production of Business Records (SUBP-010) 
•  Attachment (MC-025) (describes the records you need) 
•  Proof of Service by Mail (POS-030) on all parties (unsigned but otherwise complete) 
 
2.  If the documents ARE consumer/employee records, have the witness personally served with: 
•  Deposition Subpoena for Production of Business Records (SUBP-010) 
•  Attachment (MC-025) (describes the records you need) 
•  Notice to Consumer or Employee and Objection (SUBP-025), showing signed proof of service 
on the back 
•  Proof of Service by Mail (POS-030) on all parties (unsigned but otherwise complete) 
The server (a person over the age of 18 who is not a party to the case) must personally deliver the 

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required documents on the witness or its representative. If the witness is an organization, any officer,

director, custodian of records, or any agent or employee authorized by the organization to accept

service of a subpoena can be served on behalf of the organization (CCP § 2020.220).

The server then signs the proof of service form on the back of the Deposition Subpoena for Production of

Business Records (SUBP-010) and returns it to you. Keep this in case you need it for a motion later.

NOTE: The witness may demand payment of reasonable costs prior to providing the documents to the

Deposition Officer. These costs can include:

• $0.10 per page for copying documents 8 ½” x 14” or less

• $0.20 per page for copying documents from microfilm

• Actual costs for oversize documents or documents requiring special processing

• Clerical costs of $24 per hour per person

• Actual postage costs

• Costs for necessary services of third persons, including retrieval from microfilm

These costs are paid when the witness delivers the business records and an itemized statement listing

costs. Evid C §§ 1563(b)(1), (2), & (3). If you requested to inspect the original documents at the witness’

location, the witness is entitled to a fee of $15, so write a check for the server to take along Evid C

§1563(b)(6).

STEP 10: Serve the Other Party/Parties (Unless You Served in Step 7)

NOTE: Skip this step if you completed STEPs 5-8, Notice to Consumer or Employee. If you did, the service

in STEP 8 is sufficient.

Serve all parties by mail with copies of all documents listed in STEP 9. If they have attorneys, serve the

attorneys instead. The proof of service form should be completely filled out, but not signed.

Make a copy of the unsigned proof of service before proceeding. The server (a person over the age of 18

who is not a party to the case) must then mail a copy of the documents along with a copy of the

unsigned proof of service form on the opposing attorney(s) or self-represented litigant(s).

The server then signs the original Proof of Service form, and gives it to you.

STEP 11: Wait for the Documents

You’re done for now. The documents should arrive at the copy service by your chosen production date.

If your Deposition Subpoena is ignored, or you get nothing but a written objection, you may need to file

a motion in court to compel the witness to produce the documents.

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