Code of Civil Procedure § 1987(c) – Motion to Quash or Modify Subpoena
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Code of Civil Procedure § 1987(c) – Motion to Quash or Modify Subpoena
Code of Civil Procedure – CCP
PART 4. MISCELLANEOUS PROVISIONS [1855 – 2107]
( Heading of Part 4 amended by Stats. 1965, Ch. 299. )TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 – 2015.6]
( Title 3 enacted 1872. )CHAPTER 2. Means of Production [1985 – 1997]
( Chapter 2 enacted 1872. )California Law
1987(c).
(c) If the notice specified in subdivision (b) is served at least 20 days before the time required for attendance, or within any shorter period of time as the court may order, it may include a request that the party or person bring with him or her books, documents, electronically stored information, or other things. The notice shall state the exact materials or things desired and that the party or person has them in his or her possession or under his or her control. Within five days thereafter, or any other time period as the court may allow, the party or person of whom the request is made may serve written objections to the request or any part thereof, with a statement of grounds. Thereafter, upon noticed motion of the requesting party, accompanied by a showing of good cause and of materiality of the items to the issues, the court may order production of items to which objection was made, unless the objecting party or person establishes good cause for nonproduction or production under limitations or conditions. The procedure of this subdivision is alternative to the procedure provided by Sections 1985 and 1987.5 in the cases herein provided for, and no subpoena duces tecum shall be required.
(Amended by Stats. 2012, Ch. 72, Sec. 5. (SB 1574) Effective January 1, 2013.)
California Law Summary
This section outlines the requirements for a subpoena duces tecum (a subpoena for records) directed at a non-party custodian of business records in a civil proceeding.
Key Requirements:
Affidavit or Declaration:
A subpoena for business records must be accompanied by an affidavit or declaration stating:The specific records sought, and
That the materials are relevant and material to the issues in the case.
Notice to Consumer (if applicable):
If the records contain personal or employment information (e.g., medical or personnel records), the party issuing the subpoena must comply with CCP §§ 1985.3 or 1985.6, including providing notice to the consumer and opportunity to object.Timing:
The subpoena must allow a reasonable time for the records to be assembled and delivered, typically 15 days or more from the date of service.
Purpose
To ensure that business records are requested through clear and specific procedures, protecting both the privacy of individuals and the rights of third-party custodians.
Application
This statute is commonly used to obtain:
Medical records,
Employment files, or
Insurance documents
in support of injury claims. Proper compliance is crucial for the admissibility of evidence and to avoid motions to quash or suppress.
