How do I serve a NOTICE TO CONSUMER or EMPLOYEE and OBJECTION form (SUBP-025)?
This form is a bit complicated with it's time restraints for service. Before you can serve this Subpoena on a Custodian of Records (Witness), the Consumer or Employee must first be served either Personallyor through Counsel. The Notice is to inform the person that their personal records are being subpoenaed. Service of this subpoena mist include a description of the records and accompany a completed Notice to Consumer or Employee and Objection form. Both sides of the two-sided form must be completed and signed by the party, or agent of the party, serving the subpoena on the Witness, and person who serves notice on the Consumer or Employee. The server must indicate whether service was made personally or by mail. The Manner of Service triggers a date when the Witness may be served with the Subpoena. If the Consumer or Employee notice is Personally served, the Witness may be served 5 days after the date of Personal Service. If the Consumer or Employee notice was served by mail, the Witnesscannot be served until 10 days after the mailing date.
Witnesses that are requested to produce consumer and employment records are entitled to fifteen (15) days notice prior to the Production Date (the date the records are requested to be examined, listed on the subpoena). Therefore, consumer or employee records require at least twenty (20) or twenty-five (25) days notice before the required Production Date to produce the subpoenaed records. The days are calculated as follows: a five (5) or ten (10) day hold after initially serving the Consumer or Employee, Personally or by Mail, Plus the fifteen (15) day required notice to the Witness.. The Witness must be served with the subpoena and the completed Notice to Consumer or Employee and Objection form with the proof of service indication when and how the Consumer or Employee was served. (CCP 2020.410(d)) In lieu of the Notice to Consumer or Employee and Objection form, the subpoena may accompany a Consumer or Employee's written authorization for disclosure, waiving the five (5) or ten (10) day holding requirement.