Unlimited civil case (intentional tort) in California. I need to attain possession of a recording made of the incident by a non-party. I'm unsure which Judicial Council form to use: SUBP-010 is DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS. Does that include someone recording something with their smart phone, even if it is not in the course of a "business"? Or do I just use SUBP-020 (Deposition Subpoena for Personal Appearance and Production of Documents and Things) and check off only the box that regards production of things (as opposed to including an actual deposition on top of the production)?
If I use SUBP-020 for production of documents/ESI but don't depose the witness, does that count as a deposition as far as the one-deposition rule is concerned?
The subpoena is obtained from the clerk of the court. You attach to it your document request which under the rules includes ESI
The correct form is SUBP-010. SUBP-020 is for the personal appearance of a witness (who may or may not be required to produce documents at the deposition). The description of documents sought should included ESI.
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