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California Code of Civil Procedure Section 1987.5

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1987.5

1987.5.  The service of a subpoena duces tecum is invalid unless at
the time of such service a copy of the affidavit upon which the
subpoena is based is served on the person served with the subpoena.
In the case of a subpoena duces tecum which requires appearance and
the production of matters and things at the taking of a deposition,
the subpoena shall not be valid unless a copy of the affidavit upon
which the subpoena is based and the designation of the materials to
be produced, as set forth in the subpoena, is attached to the notice
of taking the deposition served upon each party or its attorney as
provided in Chapter 3 (commencing with Section 2002) and in Title 4
(commencing with Section 2016.010). If matters and things are
produced pursuant to a subpoena duces tecum in violation of this
section, any other party to the action may file a motion for, and the
court may grant, an order providing appropriate relief, including,
but not limited to, exclusion of the evidence affected by the
violation, a retaking of the deposition notwithstanding any other
limitation on discovery proceedings, or a continuance. The party
causing the subpoena to be served shall retain the original affidavit
until final judgment in the action, and shall file the affidavit
with the court only upon reasonable request by any party or witness
affected thereby. This section does not apply to deposition subpoenas
commanding only the production of business records for copying under
Article 4 (commencing with Section 2020.410) of Chapter 6 of Title
4.

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Last modified: March 17, 2014