How to do a Motion to enforce subpoena for business records?

Question

I'm in CA, and I need an example pleading on how to do a motion to enforce a subpoena for business records. CCP 1987.1.

Answer 1

First of all, there are several ways to enforce a civil subpoena in California and the exact procedure will vary by the type of noncompliance. Was there a flat refusal to comply? Did they assert any type of privilege? Did they produce some, but not all of the documents? Did you have the subpoena personally served?

Local court practices may impact your motion as well. Some courts might require a motion to compel. Other courts might allow you to file contempt of court charges.

Here's the bottom line: enforcing a subpoena is very case specific. If you don't have an attorney, get one.

Answer 2

If they've made an objection, you have to get your lawyer to file for a court order. Also, make sure you served the proper party at the proper address for service. Improper service in any respect is just like throwing it into the wind.

Answer 3

Ccp 1987.1