SUBP-010 is the Deposition Subpoena for Production of Business Records, a form of the Judicial Council of California that orders a business to turn over its records for a deposition in a California Superior Court case. It is used by the attorney or the party without an attorney who issues the subpoena, and page 2 carries the proof of service. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official form is published by the California courts at courts.ca.gov.
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What is SUBP-010?
Form SUBP-010, Deposition Subpoena for Production of Business Records, is a Judicial Council of California form that orders a business to deliver copies of its business records, or make the originals available for copying, in connection with a deposition.
The California courts' self-help page describes it as ordering a business to provide business records to a registered photocopier, or to make them available at their present location for copying. The form is adopted for mandatory use and cites Code of Civil Procedure sections 2020.410–2020.440 and Government Code section 68097.1.
The document has two pages. Page 1 is the subpoena itself: the court and case caption, the person or business ordered to produce records, the deposition officer, date, time and place for production, three ways of producing the records, a description of the records, and a warning about consumer and employee records. Page 2 is the Proof of Service of Deposition Subpoena for Production of Business Records, completed by the person who delivers the subpoena.
It is a subpoena for records only. The form does not ask the deponent to testify in person, and it names no separate form for that purpose.
Who needs to file SUBP-010?
The main users are attorneys, or parties without an attorney, who need business records from a third party for a deposition in a California Superior Court case. The form's header asks for the name, State Bar number and address of the attorney or party without an attorney, and the person who issues the subpoena types or prints a name, signs and gives a title.
The form is addressed to a deponent, typically a business or its custodian of records. A deponent who is served as a custodian of consumer or employee records under Code of Civil Procedure section 1985.3 or 1985.6, and who then receives a motion to quash or an objection, must have a court order or an agreement of the parties, witnesses, and the consumer or employee affected before producing those records, as item 4 states.
A different person completes the proof of service on page 2: the one who served the subpoena by personal delivery. That person may be a California sheriff or marshal, a registered California process server or its employee or contractor, a registered professional photocopier, a person exempt from registration, or someone who is not a registered California process server.
When to file SUBP-010
The form is issued when records are needed for a deposition, and item 2 sets the earliest production date: the records are to be produced on the date and time in item 1, but not sooner than 20 days after the subpoena is issued, or 15 days after service, whichever date is later.
The form prints no other deadline. Date the subpoena in the Date issued line, and complete the proof of service after delivery, including the date you received the subpoena for service (item 2 of page 2). Do not release the records to the deposition officer before the date and time stated in item 1.
Documents you need
- Affidavit of the custodian or other qualified witness under Evidence Code section 1561, which must accompany the records produced.
- Attachment 3, only if the description of the records does not fit in item 3; check the Continued on Attachment 3 box.
- A court order or an agreement of the parties, witnesses, and consumer or employee affected, only when the deponent is a custodian of consumer or employee records under Code of Civil Procedure section 1985.3 or 1985.6 and a motion to quash or an objection has been served.
How to fill out SUBP-010
Enter attorney or party details
At the top, enter the name, State Bar number and address of the attorney or party without an attorney, plus telephone, fax, e-mail and the party the attorney represents. Leave the For Court Use Only area blank.
Complete the court caption
Enter the county in Superior Court of California, County of, the street and mailing addresses, city and ZIP code, and the branch name.
Enter the parties and case number
Fill in Plaintiff/Petitioner, Defendant/Respondent and Case Number. These repeat at the top of page 2.
Identify the deponent
In the line beginning The People of the State of California, to, enter the name, address and telephone number of the deponent, if known.
Fill in item 1 production details
Enter the name of the deposition officer, the date and time, and the location address. The form says not to release the records before that date and time.
Check the delivery method
Check item 1a, 1b or 1c to say how the records are to be produced: mailed copy, copy delivered on payment of costs, or original available for inspection at the business address.
Describe the records in item 3
List the records to be produced. If electronically stored information is demanded, you may specify the form or forms in which each type is to be produced, and check Continued on Attachment 3 if you add an attachment.
Review the item 4 warning
Item 4 is pre-printed. It covers consumer and employee records under Code of Civil Procedure sections 1985.3 and 1985.6 and the consequences of disobeying the subpoena.
Date and sign the subpoena
Enter the Date issued, the printed name of the person issuing the subpoena, the signature and the title.
Complete the proof of service
On page 2, the person who served the subpoena enters the person served, address, date and time of delivery, fees paid, the fee for service (item 1), the date received (item 2), and the category and details of the person serving (item 3). That person signs and dates the declaration.
Review and download the completed PDF
Check the caption, dates and delivery method against the 20-day and 15-day timing in item 2. Download or print the completed PDF from FillingPDF and serve it as described under How to submit.
How to submit SUBP-010
The subpoena is delivered to the deponent by personal delivery, and the records come back through one of the three methods in item 1. The form prints no court filing address, portal or fee schedule.
- Service: page 2 describes service by personally delivering a copy to the person served. Record the person served, the address, the date and time of delivery, any witness or copying fees paid, and the fee for service.
- Item 1a, mail: a true, legible, durable copy in a sealed inner wrapper marked with the title and number of the action, the witness name and the subpoena date, inside a sealed outer envelope mailed to the deposition officer at the item 1 address.
- Item 1b, delivery at the witness's address: a copy delivered to the deposition officer on receipt of payment, in cash or by check, of the reasonable costs of preparing it under Evidence Code section 1563(b).
- Item 1c, inspection: the original records made available at the deponent's business address to the attorney's representative, who may copy them during normal business hours.
The records must come with an affidavit of the custodian or other qualified witness under Evidence Code section 1561. For questions on costs or court procedure, check with the court. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Setting a production date earlier than 20 days after the subpoena is issued or 15 days after service, whichever is later; item 2 does not allow it.
- Releasing records to the deposition officer before the date and time stated in item 1.
- Leaving the item 1 delivery methods unclear, so the deponent cannot tell whether to mail copies, deliver on payment of costs or allow inspection.
- Sending records without the affidavit of the custodian or other qualified witness under Evidence Code section 1561.
- Producing consumer or employee records after a motion to quash or an objection was served, without the court order or agreement item 4 requires.
- Omitting the date issued, the printed name, the signature or the title of the person issuing the subpoena.
- Leaving the proof of service on page 2 without the category of person serving (item 3) or the date and time of delivery.
- Describing the records in item 3 but forgetting to mark the Attachment 3 box when the description continues on an attachment.
Frequently asked questions
What is SUBP-010?
SUBP-010 is the Judicial Council of California's Deposition Subpoena for Production of Business Records. It orders a business to deliver copies of its records, or allow the originals to be copied, in connection with a deposition. Page 2 is the proof of service.
How soon must the records be produced under SUBP-010?
Records are due on the date and time in item 1, but not sooner than 20 days after the subpoena is issued, or 15 days after service, whichever date is later. The deponent should not release them to the deposition officer before that time.
What are the three ways to produce records on SUBP-010?
Item 1a is a sealed copy mailed to the deposition officer. Item 1b is a copy delivered to the deposition officer at the witness's address on payment of reasonable copying costs. Item 1c is inspection and copying of the originals at the business address during normal business hours.
Does the business have to send an affidavit with the records?
Yes. Item 2 says the records shall be accompanied by an affidavit of the custodian or other qualified witness under Evidence Code section 1561. Reasonable costs of locating, making available or copying the records, and postage, are recoverable under section 1563(b).
What if the records are consumer or employee records?
If the deponent is a custodian of consumer or employee records under Code of Civil Procedure section 1985.3 or 1985.6 and a motion to quash or an objection has been served, a court order or an agreement of the parties, witnesses, and the consumer or employee affected is needed before production.
What happens if someone ignores a SUBP-010 subpoena?
Item 4 warns that disobedience may be punished as contempt by the court, and that the person is also liable for a stated sum and all damages resulting from the failure to obey. Check the form for the sum.
Who completes the proof of service on page 2?
The person who served the subpoena by personal delivery completes it, recording who was served, where, when, any fees paid and their own category, such as a California sheriff or marshal or a registered process server. A California sheriff or marshal has a separate certification block.
Can I fill out SUBP-010 online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not serve or file the subpoena; delivery to the deponent follows the channels in the form.
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