(a) To request issuance of a subpoena under this section, a party shall submit the original or a true and correct copy of a foreign subpoena to the clerk of the superior court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this section does not constitute making an appearance in the courts of this state.
(b) In addition to submitting a foreign subpoena under subdivision (a), a party seeking discovery shall do both of the following:
(1) Submit an application requesting that the superior court issue a subpoena with the same terms as the foreign subpoena. The application shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390. No civil case cover sheet is required.
(2) Pay the fee specified in Section 70626 of the Government Code.
(c) When a party submits a foreign subpoena to the clerk of the superior court in accordance with subdivision (a), and satisfies the requirements of subdivision (b), the clerk shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(d) A subpoena issued under this section shall satisfy all of the following conditions:
(1) It shall incorporate the terms used in the foreign subpoena.
(2) It shall contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
(3) It shall bear the caption and case number of the out-of-state case to which it relates.
(4) It shall state the name of the court that issues it.
(5) It shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390.
(Added by Stats. 2008, Ch. 231, Sec. 3. Effective January 1, 2009.)
Last modified: October 25, 2018