Serving a Deposition Subpoena for Business Records (SUBP-010)

Lawsuits often turn on documents held by someone who is not a party: a bank’s statements, a hospital’s chart, an employer’s payroll file, a phone carrier’s call logs. In California civil cases, the standard tool for getting those records without making anyone sit for testimony is the Deposition Subpoena for Production of Business Records, Judicial Council form SUBP-010.

Because these subpoenas often reach private information, they come with strict timing and notice rules. Miss one and the custodian may have no duty to produce, or a court may quash the subpoena. This guide explains what SUBP-010 is for, who gets served, the consumer and employee notice requirements, the production-date rules, and how the proof of service works.

What Is SUBP-010 For?

SUBP-010 is a deposition subpoena that commands only the production of business records for copying. Nobody is required to appear and answer questions. The custodian — the person at the business responsible for its records — gathers the documents described in the subpoena and delivers copies with a sworn affidavit, usually to a deposition officer (often a professional photocopy or records service) named in the subpoena.

That makes it different from other subpoena forms:

• SUBP-010 — records only, no testimony
• SUBP-015 — deposition subpoena for personal appearance (testimony only)
• SUBP-020 — deposition subpoena for personal appearance and production of documents
• SUBP-002 — civil subpoena duces tecum for a trial or hearing

If you need a witness to explain the records under oath, SUBP-010 is the wrong form. For an overview of subpoena types, see How to Serve a Subpoena in California.

Who Gets Served: The Custodian of Records

The subpoena is directed to the business’s custodian of records or another qualified person. In practice, it is served on the person or department that handles records requests:

• Large banks, insurers, and phone carriers often have a dedicated subpoena compliance unit, sometimes reached through their registered agent.
• Hospitals and medical groups usually have a health information management or release-of-information department.
• Smaller businesses may have the owner or office manager act as custodian.

Before serving, confirm who accepts subpoenas for that business and where. A call to the business, or a check of its agent for service of process on the Secretary of State’s bizfile Online search, can save a wasted trip. See How to Find a Company’s Agent for Service of Process in California.

Describing the Records

The subpoena (or an attachment) must describe the records with reasonable particularity — specific categories and date ranges, the account holder or patient name, and identifiers such as account or claim numbers when you have them. Vague requests like “all documents” invite objections and slow responses. A clear description also makes it easier for the custodian to comply on time.

The Notice to Consumer or Employee (CCP 1985.3 and 1985.6)

This is where most mistakes happen.

When Notice Is Required

If the subpoena seeks a consumer’s personal records — for example, records held by a doctor, hospital, bank, credit union, insurer, accountant, attorney, phone company, or similar business — Code of Civil Procedure section 1985.3 requires notice to the consumer. If it seeks an employee’s employment records from an employer, section 1985.6 sets up a parallel notice requirement for the employee.

The notice is given using Judicial Council form SUBP-025, Notice to Consumer or Employee and Objection, served together with a copy of the subpoena. It tells the person that their records are being sought, that they may object or move to quash, and that they may consult an attorney.

Notice Timing

The consumer or employee must be served with the notice and a copy of the subpoena:

• at least 10 days before the production date, and
• at least 5 days before the subpoena is served on the custodian.

If the notice is served by mail instead of personal delivery, the time is extended under the mail-service rules in Code of Civil Procedure section 1013. Courts treat these deadlines seriously: a subpoena served without proper notice can be invalid, and the custodian may have no duty to produce.

Proof of Notice to the Custodian

When the subpoena is served on the custodian, it should be accompanied by proof that the consumer or employee was served with the notice, or a written authorization from that person releasing the records. Custodians routinely check for this before producing personal records.

Objections and Motions to Quash

The consumer or employee can serve a written objection or file a motion to quash or modify the subpoena before the production date. Once a timely objection is served, the custodian generally should not produce the records until the dispute is resolved by agreement or court order. Build that possibility into your schedule.

Setting the Production Date

Under the business records subpoena rules (Code of Civil Procedure section 2020.410 and following), as printed on form SUBP-010, the date for production can be no earlier than 20 days after the subpoena is issued, or 15 days after it is served, whichever is later.

When consumer or employee notice is required, work backward from the production date to make sure every deadline fits:

1. Pick a production date far enough out to allow for notice, service, and any objection. Many practitioners set personal-records subpoenas about 30 days or more from issuance.
2. Serve the consumer or employee notice first — at least 10 days before production, with extra time if mailed.
3. Wait at least 5 days after serving the notice, then serve the custodian.
4. Confirm that the custodian service is still at least 15 days before production.

Always confirm the current rules and your court’s practices before setting dates; these timelines are easy to get wrong when weekends, holidays, and mail extensions are involved.

How the Custodian Produces the Records

The custodian usually does not hand the records to the lawyer who issued the subpoena. Instead, the custodian delivers a copy of the records to the deposition officer named in the subpoena, along with an affidavit that meets Evidence Code section 1561 — essentially a sworn statement that the copies are true and were made in the regular course of business. The records may be delivered in person, by messenger, or by mail in a sealed envelope, or the deposition officer may copy them at the business.

The deposition officer then makes the records available to the parties, typically for a copying fee. Witness fees and reasonable copying costs may be owed to the business, so check the requirements for the type of records involved.

Serving the Subpoena

Who Can Serve

Any adult who is not a party to the case can serve a subpoena in California. Using a registered process server gives you a professional proof of service and a detailed record of the service, which matters if timing or service is later challenged. See Process Server Rules in California.

Serving the Consumer or Employee Notice

The notice goes to the person whose records are sought (or their attorney if they are a represented party). Personal delivery avoids the extra days added for mail service and gives you a clean date to count from.

Serving the Custodian

The server delivers the subpoena, any attachment describing the records, and the proof of notice or authorization to the custodian or the person designated to accept subpoenas. Large companies often accept subpoenas at a registered agent or a central legal processing office rather than at a local branch.

Proof of Service

SUBP-010 has a proof of service section built into the form, and the consumer notice has its own proof of service. Each proof should show who was served, the date, time, and address, how service was made, and who served it. Keep the proofs with your file; you will need them if the custodian refuses to produce or a motion to quash is filed. For how subpoena proofs differ from POS-010 and other forms, see Which Proof of Service Form Do You Need?

Common Mistakes

• Skipping the consumer notice when personal records are sought.
• Serving the custodian too early — less than 5 days after the consumer notice.
• Setting the production date too soon under the 20-days-after-issuance / 15-days-after-service rule.
• Forgetting mail extensions when notice is mailed.
• Serving the wrong office, such as a local branch that does not handle subpoenas.
• Describing records too broadly, inviting objections and delay.
• Using SUBP-010 when testimony is needed instead of SUBP-015 or SUBP-020.

For more practical advice for law offices, see Process Serving Tips for Attorneys.

How Famous Legal Services Helps

Famous Legal Services serves business records subpoenas and consumer and employee notices across California and nationwide. We:

• Confirm where each business accepts subpoenas before sending a server
• Serve consumer and employee notices first, then the custodian, in the right order
• Provide GPS-verified attempts and completed proofs of service
• Offer routine, rush, and same-day service when a production date is close
• Handle court filing and eFiling if you need documents filed

Frequently Asked Questions

Can a party request their own records with SUBP-010?

Usually a party can simply request their own records from the business, often faster than a subpoena. SUBP-010 is for getting records held by a nonparty for use in litigation.

Can the consumer stop the production?

The consumer can object in writing or move to quash. A timely objection generally pauses production until the parties agree or the court rules.

What if the business is out of state?

A California subpoena generally does not reach a business located in another state on its own. You usually need to have the subpoena issued in that state under its procedures. See How to Serve Papers to Someone Out of State.

This article is general information, not legal advice. Deadlines and forms can change; check the current Code of Civil Procedure and Judicial Council forms, or consult an attorney, before setting dates.

Final Thoughts

A business records subpoena is a simple form with unforgiving timing. Describe the records clearly, serve any required consumer or employee notice first, give the custodian at least the minimum time, and keep clean proofs of every service.

Need a records subpoena served? Famous Legal Services can serve the notice and the subpoena in the right order. Place an order online or call (888) 335-3318.

Experiencing phone issues? Call us directly at (818) 371-2544