The Subpoena Duces Tecum (FOR TALENT AGENT CASES ONLY) is the form the Office of the Labor Commissioner of the State of California, part of the Department of Industrial Relations (DIR), uses to command a person to appear at a Labor Commissioner hearing and bring books, papers and documents. One document holds the subpoena, the declaration supporting it and the declaration of service. On FillingPDF you can fill out the form online and download or print the completed PDF; the original is published by the DLSE on the DIR website.
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What is Subpoena Duces Tecum (FOR TALENT AGENT CASES ONLY) – California?
The Subpoena Duces Tecum (FOR TALENT AGENT CASES ONLY) is a California Labor Commissioner form that commands a named person to appear and testify at a hearing in the Labor Commissioner's office and to bring specified books, papers and documents to that hearing.
The document is issued under the State of California Department of Industrial Relations, Office of the Labor Commissioner, and carries a case caption with the parties on either side of "vs." and a "TAC" label. It has three parts:
- The subpoena. It names the person addressed, the hearing office (office name, street and city), the day, date and time, and the documents the person must bring. It is issued "By order of" the State Labor Commissioner and signed by an attorney for the Labor Commissioner, with a telephone number.
- Declaration Supporting Subpoena Duces Tecum. A sworn statement, made under penalty of perjury, that the person has the described documents in their possession or control and that the documents are material to the issues, with the reasons.
- Declaration of Service. A sworn statement of who was served, on what date and at what place.
The form states that obedience to the subpoena is enforceable through the Superior Court. Its title limits it to talent agent cases. The DLSE forms list also shows a separate form, Information for Subpoena (DLSE 564) (Rev. 1/09), which is a different document.
Who needs to file Subpoena Duces Tecum (FOR TALENT AGENT CASES ONLY) – California?
The form is used in a talent agent case before the Labor Commissioner when someone needs a person to testify at a hearing and bring records. Its title limits it to talent agent cases only; it names no other kind of proceeding.
- Issuing side. The subpoena is issued by order of the State Labor Commissioner and signed by an attorney for the Labor Commissioner, whose telephone number is printed on it.
- Declarant. The supporting declaration is completed by a person who states that they are the attorney, the complainant or the defendant in the captioned action, or a Deputy Labor Commissioner.
- Person served. The person addressed must appear at the hearing and bring the documents listed. The form tells them to contact the attorney who signed it before the appearance date if they have questions about the time and date or want to be certain their presence is required.
- Server. The person who delivers the subpoena completes the Declaration of Service.
Do not use this form for cases other than talent agent cases.
When to file Subpoena Duces Tecum (FOR TALENT AGENT CASES ONLY) – California
The form is prepared when a talent agent case has reached a hearing before the Labor Commissioner and testimony and documents are needed from a person who is not otherwise appearing. The subpoena itself fixes the date, time and hearing office, so the timing is set case by case on the form rather than by a general deadline. No separate due date or minimum notice period is printed on it.
The supporting declaration is signed when the subpoena is issued, and the Declaration of Service is completed after the subpoena has been delivered, with the date of service for each person. A person who receives the subpoena should contact the attorney who signed it before the appearance date with any question about the time and date.
How to fill out Subpoena Duces Tecum (FOR TALENT AGENT CASES ONLY) – California
Enter the case caption
Under the Office of the Labor Commissioner heading, enter the parties on either side of "vs." as they appear in the case. The case number is requested again in the supporting declaration.
Name the person commanded to appear
On the line after "THE PEOPLE OF THE STATE OF CALIFORNIA SEND GREETINGS TO:" write the name of the person who must testify and bring documents.
Enter the hearing office
Fill in the office name, street and city of the Labor Commissioner's office where the hearing will be held.
Set the date and time
Enter the day, month and year of the hearing and the hour with the A.M. or P.M. marking, as the lines provide.
List the records to bring
Under "YOU ARE ALSO REQUIRED to bring with you," describe the books, papers and documents the person must produce. The supporting declaration refers to the documents described on the reverse.
Complete the issuing block
Enter the date and have the attorney for the Labor Commissioner sign on the "By" line, with the attorney's telephone number in the contact area.
Complete the declaration header
In the Declaration Supporting Subpoena Duces Tecum, enter the Case No. and the declarant's name, and indicate whether the declarant is the Attorney, Complainant or Defendant, or a Deputy Labor Commissioner.
State possession and materiality
Name the person who has the documents in their possession or control and write the reasons the documents are material to the issues in the proceedings.
Date and sign the declaration
Enter the date, the county and "California" on the Executed on line, and sign under the statement made under penalty of perjury.
Complete the Declaration of Service
After delivery, enter the county, then each person's name, date of service and place. Enter the execution date and place, and sign.
Review, sign and download the PDF
Check names, dates, the hearing office and the signatures, then download or print the completed PDF from FillingPDF for service as described under How to submit.
How to submit Subpoena Duces Tecum (FOR TALENT AGENT CASES ONLY) – California
This form is served rather than filed: the printed channel is personal delivery to each person named.
- Personal service. The Declaration of Service says the subpoena is served by showing the original and delivering a true copy, together with a copy of the supporting declaration, to each named person personally. The declaration records each person's name, the date of service and the place.
- Filing or mailing. The form prints no mailing address, portal or appointment rule of its own. Questions about the case go to the attorney for the Labor Commissioner who signed it, at the telephone number on the form.
- Blank forms. The DLSE forms page says that to obtain a form by mail you contact your local DLSE office.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Using this form in a case that is not a talent agent case; its title limits it to talent agent cases only.
- Serving the subpoena without a copy of the Declaration supporting it; the Declaration of Service states both are delivered.
- Delivering the subpoena by any means other than personally, or without showing the original; the declaration of service describes personal delivery.
- Leaving the "YOU ARE ALSO REQUIRED to bring with you" area blank when documents are sought, so the person cannot tell what to bring.
- Leaving out the reasons the documents are material; the supporting declaration asks for them.
- Signing either declaration without completing the date, county and place lines that the penalty-of-perjury statement refers to.
- Leaving blank the hearing office name, street, city, date or time, which the person addressed needs to appear.
- Omitting the name, date of service or place for a person served on the Declaration of Service.
Frequently asked questions
What is a subpoena duces tecum for talent agent cases?
It is the California Labor Commissioner form titled Subpoena Duces Tecum (FOR TALENT AGENT CASES ONLY). It commands a named person to appear and testify at a Labor Commissioner hearing and to bring specified books, papers and documents.
Can I use this subpoena duces tecum form in any case?
No. The form is titled "FOR TALENT AGENT CASES ONLY" and is issued under the Office of the Labor Commissioner. It names no other kind of proceeding, so do not use it for other cases.
Who signs the subpoena and the declaration?
The subpoena is issued by order of the State Labor Commissioner and signed by an attorney for the Labor Commissioner. The supporting declaration is signed by an attorney, complainant, defendant or Deputy Labor Commissioner. The person serving signs the Declaration of Service.
How is the subpoena served?
Personally. The Declaration of Service says the server shows the original and delivers a true copy, with a copy of the supporting declaration, to each named person, then records the person's name, the date and the place of service.
What happens if someone ignores the subpoena?
The form states that obedience to the subpoena is enforceable through the Superior Court. It prints no other penalty or procedure, so questions about enforcement go to the attorney who signed it.
I received this subpoena. Who do I contact with questions?
Contact the attorney for the Labor Commissioner who signed it, before the date you are required to appear. The form says to do so if you have questions about the time and date or want to be certain your presence is required.
Can I fill out this subpoena online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not issue, serve or file the subpoena; service follows the channels on the form.
Where can I get a paper copy of the form?
The DLSE forms page publishes replicas of its forms as PDFs, and says that to obtain a form by mail you contact your local DLSE office.
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