subpoena and amended complaint

[daffan]

What is the name of your state? California

I need to issue subpoenas for document request to
1. phone companies
2. private mail box (for contract/address/etc info)
3. bank records

I don't have a hearing scheduled or a deposition scheduled. I do have a trial date but many months down the road. How do I subpoena business records with no hearing (or do I schedule one?) or deposition (can't afford one)?

I need these records for addresses/assets/potential defendants/witnesses etc. and to verify information the defendant told me.

I understand phone companies are picky about the type of subpoena.


I also need to amend my complaint to include two new doe defendants. What is the procedure and do I need to alter my actual complaint (versus just adding names) to reflect why the new defendants are involved?

 

[daffan]

Can anybody help?

 

[meganproser]

I didn't answer this earlier because I assumed someone else would answer.

I don't have a hearing scheduled or a deposition scheduled.

Conducting discovery has nothing to do with having any hearings scheduled. You have to consult the rules of your court to verify when you are allowed to begin discovery.

What kind of court have you filed in?

How many defendants are there and have any or all of them filed their answer yet?

I do have a trial date but many months down the road.

It may seem like many months, but discovery often takes MANY months. You'd better get your ass in gear.

How do I subpoena business records with no hearing (or do I schedule one?)

Call your court, tell them you are pro se, and ask them to mail you about twice as many blank, stamped subpoenas as you think you will need. Learn and follow procedure for filling out the subpoenas and serving them.

or deposition (can't afford one)?

How much have you heard a deposition costs? You can conduct a deposition for a few hundred dollars and you don’t need to buy a written transcript unless you want to refer to the deposition testimony during the trial.

I understand phone companies are picky about the type of subpoena.

Picky? All they need is a valid, stamped subpoena issued by the court that has jurisdiction over their home office.

I also need to amend my complaint to include two new doe defendants.

Do you mean you want to identify some does or do you want to add some DOES to your complaint?

How are you on the statute of limitations regarding these new defendants?

What is the procedure and do I need to alter my actual complaint (versus just adding names) to reflect why the new defendants are involved?

The answers to all of these procedural questions can be found in the rules of your court. Have you read your copy of those rules?

 

[rmet4nzkx]

Here is a link to California court forms and the judical council.

Please consult an attorney so you know what you are doing.
http://www.courtinfo.ca.gov
http://www.courtinfo.ca.gov/forms/

 

[daffan]

I am the plaintiff in an unlimited superior court case.

I am in gear. I have been working on this case for quite some time. There are two defendants named in the suit with 25 Does.

The two named defendants have been served with several discovery requests and have not complied. I have filed motions to compel and they have not complied when the court ordered them to. I am now getting ready for an Order to Show Cause RE: Contempt hearing against them. It will take place on Monday.

I do appreciate the responses and I am reading the rules of the court.

As far as cost of a deposition, I cannot afford a court reporter and that would be several hundred dollars.

I just wanted to make certain I am sending the correct subpoena. I just read that you have to have the consumer's WRITTEN consent to get phone records. That will never happen. I have read I need to send Notice to Consumer when issuing a subpoena so it is NOT as simple as just sending it to the custodian of records. I am trying to make certain I am fully ware of ALL procedures before attempting to subpoena banks, phone companies, etc. If there is anything I need to know that is unusual, please tell me.

In California, the two non-criminal subpoenas are Deposition and Civil (Duces Tecum). I keep hearing I need to send Duces Tecum but the Deposition Subpoena doesn't say this even though you can request document. That is one reason I am confused.

Also I am attempting to fill out the Deposition subpoena. It requires a name for "deposition officer". Since I just want records I don't have a deposition scheduled. What /who can be the "deposition officer"? Also, can I be the person who goes to the custodian to inspect and copy documents if I am pro per?

As far the the Does go, I have two defendants I would like to change from Doe status to named status. I also want to know if I need to change the wording of the complaint to better reflect the Does involvement. While this would be the first amendment of the complaint, clearly the defendants have already answered and I would need to go through the court somehow to make changes.

 

[meganproser]

See California Civil Procedure 1985 for the complete details on subpoena requirements.

“ I just read that you have to have the consumer's WRITTEN consent to get phone records. That will never happen.”

I only scanned the procedure, but don’t be so sure the consumer will object. I don't know if you are looking for the records of a party or non-party, but either way, if they want to prevent you from getting the records, they have to file their objection with the court. If they know you are entitled to these records anyway, they may just give you their consent.

“I have read I need to send Notice to Consumer when issuing a subpoena so it is NOT as simple as just sending it to the custodian of records.”

Yes, I see California makes things a bit more difficult. They are really just allowing the consumer a chance to object, which won’t help the consumer if you have good cause to request the records.

From CCP 1985:

“ if the consumer objects to the witness furnishing the
records to the party seeking the records, the consumer must file
papers with the court or serve a written objection as provided in
subdivision (g) prior to the date specified for production on the
subpoena; and (3) if the party who is seeking the records will not
agree in writing to cancel or limit the subpoena, an attorney should
be consulted about the consumer's interest in protecting his or her
rights of privacy.”

“ Any consumer whose personal records are sought by a subpoena
duces tecum and who is a party to the civil action in which this
subpoena duces tecum is served may, prior to the date for production,
bring a motion under Section 1987.1 to quash or modify the subpoena
duces tecum.”

“ I am trying to make certain I am fully ware of ALL procedures before attempting to subpoena banks, phone companies, etc. If there is anything I need to know that is unusual, please tell me.”

CCP 1985 spells it all out for you. Go through every word of it, make sure you comply, and you should be successful.

The CCP also addresses amending the complaint, but your court rules already explain that pretty well.

 

[daffan]

Thanks for all of the suggestions. I am off to the library again for more research.

 

[DeJure]

Daffan,

I'm in the same situation as you were -- trying to get info from a cell provider.

Were you able to subpoena the phone company and get the info you requested?

How did you deal with CCP 1985.3(f)?

"(f) A subpoena duces tecum for personal records maintained by a telephone corporation which is a public utility, as defined in Section 216 of the Public Utilities Code, shall not be valid or effective unless it includes a consent to release, signed by the consumer whose records are requested, as required by Section 2891 of the Public Utilities Code."

(complete text of CCP 1985.3 is available here: WAIS Document Retrieval)

(I realize this is an old thread but hopefully you'll still be able to reply).

Thanks

 

[Zigner]

Daffan,

I'm in the same situation as you were -- trying to get info from a cell provider.

Were you able to subpoena the phone company and get the info you requested?

How did you deal with CCP 1985.3(f)?

"(f) A subpoena duces tecum for personal records maintained by a telephone corporation which is a public utility, as defined in Section 216 of the Public Utilities Code, shall not be valid or effective unless it includes a consent to release, signed by the consumer whose records are requested, as required by Section 2891 of the Public Utilities Code."

(complete text of CCP 1985.3 is available here: WAIS Document Retrieval)

(I realize this is an old thread but hopefully you'll still be able to reply).

Thanks

Thread is nearly 6 years old - I doubt our OP even REMEMBERS what he did.

For you - start your own thread, or, better yet, consult with an attorney.

 

[DeJure]

I researched the Public Utilities Code and section 2894(a) provides an exemption allowing phone companies to provide consumer data when complying with a court order (such as a subpoena).

 

[Antigone*]

I researched the Public Utilities Code and section 2894(a) provides an exemption allowing phone companies to provide consumer data when complying with a court order (such as a subpoena).

I guess you don't get it. Zigner said it nicely: I'm going to be blunt.

Don't Necropost.

 

[George1776]

You cannot issue a subpoena yourself; you will need to see the clerk to authorize it .. the clerk may require a judge's order to issue it. So, go to the clerks office (assuming you are Pro Se)