Subpoena Duces Tecum (DWC WCAB 32) is the subpoena form of the California Workers' Compensation Appeals Board, issued under the Department of Industrial Relations, Division of Workers' Compensation (DIR – DWC). It commands a witness to appear and to bring and produce described documents, papers, books and records in a workers' compensation case. Side 2 carries the Declaration for Subpoena Duces Tecum and the Declaration of Service. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by the agency at dir.ca.gov.
Last updated
What is DWC WCAB 32?
Subpoena Duces Tecum (DWC WCAB 32) is the California Workers' Compensation Appeals Board form that commands a person to appear and testify in a workers' compensation case and to bring and produce described documents, papers, books and records.
The form is printed on two sides under the heading of the State of California, Department of Industrial Relations, Division of Workers' Compensation, Workers' Compensation Appeals Board.
- Side 1 is the subpoena itself: the case caption and case number, the person commanded, the place, date and time of appearance, the description of the records, the issue date and the Board signature line (Secretary, Assistant Secretary or Workers' Compensation Judge). It also states that the witness may comply by mailing the records, or authenticated copies (Evid. Code 1561), within ten (10) days of the date of service.
- Side 2 holds the Declaration for Subpoena Duces Tecum, in which the requesting attorney of record or representative explains why the documents are material, and the Declaration of Service, which records who was served, when and where.
The form states that the subpoena is issued at the request of the person making the declaration on the reverse, and that the subpoena is invalid without that declaration. It also contains special rules for injuries on or after January 1, 1990 and before January 1, 1994, which refer to the Employee's Claim for Workers' Compensation Benefits (Form DWC-1) under Labor Code Section 5401.
Who needs to file DWC WCAB 32?
The form is used by the attorney of record or representative for the applicant or the defendant in a case before the Workers' Compensation Appeals Board who needs a person to testify and produce records. That person makes the declaration on the reverse side, and the Board issues the subpoena over the signature of its Secretary, Assistant Secretary or Workers' Compensation Judge.
The person who receives the subpoena is the witness commanded to appear and to bring the documents. The form lets that witness comply by mailing the described records, or authenticated copies, within ten days of service.
Limits printed on the form:
- It does not apply to any member of the Highway Patrol, Sheriff's Office or city Police Department unless it is accompanied by notice from the Board that the witness fee has been deposited under Government Code 68097.2, et seq.
- X-rays are not to be produced unless the description of documents specifically mentions them.
- For injuries on or after January 1, 1990 and before January 1, 1994 where no Application for Adjudication of Claim has been filed, a properly executed declaration about the Form DWC-1 is required, and the subpoena must be served on the claimant and the employer and/or insurance carrier.
When to file DWC WCAB 32
The form is used when a party to a workers' compensation case needs a witness's testimony and records for the matter; no deadline for requesting it is printed on the form. The date, time and place of the appearance are entered on Side 1 and set when the subpoena is issued.
Once the subpoena is served, the witness may fully comply by mailing the described records, or authenticated copies (Evid. Code 1561), within ten (10) days of the date of service, instead of appearing.
For injuries on or after January 1, 1990 and before January 1, 1994 with no Application for Adjudication of Claim on file, the declaration that Form DWC-1 was filed under Labor Code Section 5401 must be properly executed before the subpoena is valid. If an application has been filed, the case number must be entered regardless of the date of injury.
Documents you need
- A true copy of the Employee's Claim for Workers' Compensation Benefits (DWC Form 1), attached to the declaration, only when you check the box for injuries on or after January 1, 1990 and before January 1, 1994.
- A copy of the Declaration for Subpoena Duces Tecum, delivered with the true copy of the subpoena to each person served, as the Declaration of Service states.
- The Board's notice that the witness fee has been deposited under Government Code 68097.2, et seq., only when the witness is a member of the Highway Patrol, Sheriff's Office or city Police Department.
- A copy of the subpoena or the case number to identify the records, when the witness mails the records instead of appearing.
How to fill out DWC WCAB 32
Enter the case number and parties
At the top of Side 1, enter the Case No. If an application has been filed, the case number is required regardless of date of injury. Enter the Claimant/Applicant name above "vs." and the Employer/Insurance Carrier/Defendant below.
Name the person to be served
Under "The People of the State of California Send Greetings to:", enter the name of the witness being commanded.
Enter where the witness must appear
Complete the "appear before" and "at" lines with the person and place of appearance. These are also the person and place to which records may be mailed.
Set the date and time
Fill in the day, month and year of the appearance and the hour with A.M. or P.M. on the line beginning "on the ___ day of".
Describe the documents to produce
List the documents, papers, books and records the witness must bring. Name X-rays specifically if you want them, since the form says not to produce X-rays unless mentioned.
Add the issue date for the Board
Enter the Date and leave the signature line for the Secretary, Assistant Secretary or Workers' Compensation Judge of the Workers' Compensation Appeals Board.
Start the declaration on Side 2
Enter the Case No. and the county. State whether you are an attorney of record or representative for the applicant or the defendant, and name the person who has the documents in possession or control.
Explain why the documents are material
Write the reasons the documents are material to the issues in the case. For an injury on or after January 1, 1990 and before January 1, 1994, check the DWC Form 1 box if it applies and attach a true copy.
Sign the declaration
Enter the date and place of execution (in California), then sign and give your address and telephone number. The declaration is made under penalty of perjury.
Complete the Declaration of Service
After service, enter the county, then list each Name of Person Served with the Date and Place. The server enters the date and place of execution and signs.
Review and download the completed PDF
Check both sides against each other for matching case numbers and names. Download or print the completed PDF from FillingPDF and serve it as described under How to submit.
How to submit DWC WCAB 32
The form is served on the witness and the records come back to the person and place named on it; the form prints no filing address or portal of its own.
- Personal service: the Declaration of Service states that the server showed the original and delivered a true copy of the subpoena, together with a copy of the Declaration in support, to each named person personally. The server lists each person's name, the date and the place, and signs under penalty of perjury.
- Mailing of records: the witness may comply by mailing the described records, or authenticated copies (Evid. Code 1561), to the person and place stated on the subpoena within ten (10) days of the date of service. Records mailed should be identified with the case number or by attaching a copy of the subpoena.
- Special cases: a member of the Highway Patrol, Sheriff's Office or city Police Department is covered only if the subpoena is accompanied by the Board's notice that the witness fee has been deposited. In the January 1, 1990 to January 1, 1994 situation with no application on file, serve the claimant and the employer and/or insurance carrier too.
FillingPDF lets you fill out and download the PDF; submission follows the agency's channels above.
Common mistakes to avoid
- Leaving the case number blank when an application has been filed; the form says it must be indicated regardless of the date of injury.
- Issuing or serving the subpoena without the declaration on the reverse; the form states the subpoena is invalid without it.
- Checking the box for injuries between January 1, 1990 and January 1, 1994 without attaching a true copy of Form DWC-1.
- Serving the subpoena without a copy of the Declaration in support, which the Declaration of Service says is delivered with it.
- Not serving the claimant and the employer and/or insurance carrier when no application has been filed for an injury in the 1990 to 1994 window.
- Expecting X-rays to be produced when the description of documents does not specifically mention them.
- Serving a Highway Patrol, Sheriff's Office or city Police Department member without the Board's notice that the witness fee has been deposited.
- Leaving the Board's issue date and signature line blank before service.
- Returning mailed records without the case number or a copy of the subpoena to identify them.
Frequently asked questions
What is a subpoena duces tecum in California workers' compensation?
On this form, DWC WCAB 32, it is a Workers' Compensation Appeals Board subpoena commanding a person to appear, testify and bring described documents, papers, books and records to a workers' compensation case. The requesting attorney or representative signs a supporting declaration on the reverse.
Who can request a subpoena duces tecum on form DWC WCAB 32?
The attorney of record or representative for the applicant or the defendant in the case makes the declaration on Side 2, and the subpoena is issued at that person's request. The Board issues it over the signature of its Secretary, Assistant Secretary or a Workers' Compensation Judge.
Can the witness mail the records instead of appearing?
Yes. The form says the witness may fully comply by mailing the described records, or authenticated copies (Evid. Code 1561), to the person and place stated on it within ten (10) days of the date of service. Mailed records should carry the case number or a copy of the subpoena.
Do I need a case number on the subpoena?
Yes, if an application has been filed: the form says the case number must be indicated regardless of the date of injury. Only where no application was filed for an injury on or after January 1, 1990 and before January 1, 1994 is it valid without one, and then it must be served on the claimant and employer and/or insurance carrier.
Does the subpoena apply to police officers or sheriff's deputies?
Not by itself. The form says it does not apply to a member of the Highway Patrol, Sheriff's Office or city Police Department unless it is accompanied by notice from the Board that the witness fee has been deposited in accordance with Government Code 68097.2, et seq.
Does the subpoena require the witness to produce X-rays?
Only if the description of documents specifically mentions them. The form says not to produce X-rays unless they are specifically mentioned in the documents described above the instruction, so name them in that description when you need them.
How is the subpoena served?
By personal service. The Declaration of Service on Side 2 states that the server showed the original and delivered a true copy of the subpoena with a copy of the supporting Declaration to each named person, then lists the name, date and place for each.
Can I fill out the subpoena duces tecum online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service: it does not issue the subpoena, serve it or file it, and the Board's signature and service follow the agency's rules.
Ready to fill out DWC WCAB 32?
Fill out DWC WCAB 32 now