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Legal Facts

Notice To Consumer not required on Workers’ Compensation Subpoena

CCP is for Civil cases, a Workers’ Compensation case is NOT governed by CCP. See CCP 1985.3 ( j ) (for “personal” records) or CCP 1985.6 (i) (for “employment” records)  “this section shall not apply to proceedings conducted under … Division 4 (commencing with section 3200)…of the Labor Code.”  Section 3200 of the Labor Code is “Workers’ Compensation”. 

Senate Bill SB 57 (Rains) enacted 1/1/82 was established to specifically clear this up.

What is required for a Workers’ Compensation subpoena, per Labor Code 4055.2:

 “any party who subpoenas records in any proceeding under this division shall concurrent with service of the subpoena upon the person who has possession of the records, send a copy of the subpoena to all parties of record in the proceeding”.  Hard Copy sends a copy of all subpoenas when they are issued.

Affidavit not required on Civil Subpoena

Note that although CCP 1985.3 & 1985.6 both make reference to the affidavit, CCP 202 (d) (1) states “a deposition subpoena that commands only the production of business records for copying…need not be accompanied by an affidavit…”.

Production (deposition) dates for Civil Subpoenas

Subpoena is issued, (day 1),  add 5 days for mailing Proof of Service (1013 CCP), wait additional 5 days to serve facility (1985.3 CCP), facility is permitted 15 days after service to produce records (1985.3  CCP)…equals deposition date of 25 days after issue date. (add additional time if the 25th day falls on a weekend or holiday)

Payment of Witness Fee to facility for searching for records:

Evidence Code 1563:

   (6) Where the records are delivered to the attorney, the attorney's representative, or the deposition officer for inspection or photocopying at the witness' place of business, the only fee for complying with the subpoena shall not exceed fifteen dollars ($15),plus the actual cost, if any, charged to the witness by a third person for retrieval and return of records held offsite by that third person

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