Can you mail serve a deposition subpoena california
In California, a deposition subpoena can be served by mail, but there are specific requirements and limitations that must be followed.
California Code of Civil Procedure (CCP) Section 2025.300 provides that a deposition subpoena may be served by mail, but only if the party serving the subpoena has obtained a court order allowing for service by mail.
To serve a deposition subpoena by mail in California, you must:
- Obtain a court order: You must file a request with the court and obtain an order allowing for service by mail. The request must be made on a form provided by the court and must include the name and address of the person to be served, as well as the date and time of the deposition.
- Use a certified mail return receipt: You must use certified mail with a return receipt requested to serve the deposition subpoena. This will provide proof of service.
- Include a copy of the court order: You must include a copy of the court order allowing for service by mail with the deposition subpoena.
- Provide sufficient notice: You must provide the person to be served with at least 7 days' notice of the deposition, unless the court orders otherwise.
It's important to note that service by mail is only allowed for deposition subpoenas, and not for other types of subpoenas, such as trial subpoenas.
Additionally, California law requires that the deposition subpoena be served on the person to be served personally, unless the court orders otherwise. This means that the subpoena must be handed to the person to be served, or left at their dwelling or usual place of abode with someone who is at least 18 years old.
It's also important to note that the person to be served has the right to object to the deposition subpoena, and may request a hearing to contest the subpoena.
It's recommended that you consult with an attorney to ensure that you are following the proper procedures for serving a deposition subpoena in California.