An individual served with a subpoena duces tecum or deposition subpoena is normally given a reasonable time to respond. A valid subpoena will provide, in accordance with the statute, a response date and location. Any question about validity, contact OLA (510-642-7122).
a. For a subpoena duces tecum issued in a civil action, the records should be provided either within 15 days after the receipt of the subpoena, or within the time agreed upon by the party serving the subpoena and the custodian of records or witness. (Evid. Code § 1560(b)(2) and (b)(3).)
b. For a deposition subpoena issued in a civil action, the University has either 15 days after the service, or 20 days after issuance of the deposition subpoena, whichever date is later, in which to respond. (Code Civ. Proc. § 2020.410(c).)
c. For a subpoena duces tecum in a criminal action, the response must be provided five (5) days after receipt of the subpoena or within the time agreed upon by the party serving the subpoena and the custodian of records or witness. (Evid. Code § 1560(b)(1) and (b)(3).)