Give notice to a consumer or employee
If you need evidence that includes records of a customer (consumer) or an employee of the person or entity you are subpoenaing, you must notify them.
Serve the notice at least 5 days before serving the witness, if personally served, or 10 days if serving by mail within California.
How to give notice to a customer or employee
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Fill out a form
Prepare a Notice to Consumer or Employee and Objection (form SUBP-025).
On the first page, complete the caption and the top part of the form. Do not complete the objection, the bottom part.
Make a copy of both your Subpoena and Notice to Consumer or Employee.
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Serve the Notice and the Subpoena by the correct deadline
Have someone eighteen or over who is not you or part of the case deliver or mail the copy of both the Subpoena and Notice to Consumer or Employee to the individual employee or consumer whose records you want. Serve their attorney if they are a represented party in the case.
You must serve these at least 5 days before you serve the Subpoena on the witness producing the records if personally served, or 10 days if served by mail within California.
This means that these forms must also be served at least 10 days before the date of the deposition, hearing, or trial (if using personal service) or at least 15 days (if serving by mail within California).
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Complete the Proof of Service form
Complete the top Proof of Service on the second page of the Notice to Consumer or Employee and have the server sign
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Make copies
Make a copy of the Notice to Consumer or Employee for yourself, and keep the original for the court.