Ch. 8: Subpoenas Flashcards
(20 cards)
According to California Code Civ. P. §1985, what is a subpoena primarily defined as?
a) A warrant for arrest
b) An official notice of a lawsuit
c) A writ or order requiring a person’s attendance to testify and/or produce documents
d) A request for voluntary cooperation with an investigation
c) A writ or order requiring a person’s attendance to testify and/or produce documents
What is the legal term for a “record subpoena” that requires the production of specified documents?
a) Subpoena ad testificandum
b) Subpoena duces tecum
c) Writ of mandamus
d) Writ of certiorari
b) Subpoena duces tecum
What is the primary purpose of an “appearance only” subpoena?
a) To demand the production of records
b) To order a person’s arrest
c) To require a person to testify in court
d) To request voluntary information
c) To require a person to testify in court
What is generally considered “reasonable time” to deliver an appearance subpoena?
a) 24 hours before the appearance
b) 3 days before the appearance
c) 10 days before the appearance
d) 30 days before the appearance
c) 10 days before the appearance
What does “subpoena duces tecum” mean in Latin?
a) “To appear and testify”
b) “Under penalty, to bring with you”
c) “To be present at all times”
d) “To provide a written statement”
b) “Under penalty, to bring with you”
What are “consumer records” also referred to as in the document?
a) Business records
b) Financial records
c) Personal records
d) Public records
c) Personal records
For personal service of a subpoena duces tecum for records, how many days before the production date do you generally need to serve the witness?
a) 5 days
b) 7 days
c) 10 days
d) 15 days
c) 10 days
How many days before the production date do you typically have to serve the witness via mail in California?
a) 10 days
b) 15 days
c) 20 days
d) 30 days
b) 15 days
If you are serving the custodian of records for consumer or employment records, how many days before serving the custodian must you generally serve the employee or consumer?
a) 2 days
b) 3 days
c) 5 days
d) 7 days
c) 5 days
What must be delivered to the custodian of records along with the subpoena duces tecum prior to the production date?
a) A copy of the consumer’s will
b) A copy of the subpoena, the affidavit supporting it, the notice of rights, and proof of service to the consumer/employee
c) The court’s final ruling
d) A letter from the attorney asking for the records
b) A copy of the subpoena, the affidavit supporting it, the notice of rights, and proof of service to the consumer/employee
Which method of subpoena service is generally preferred?
a) Fax service
b) Email service
c) Personal service
d) Service to the attorney only
c) Personal service
In the In re Abrams case mentioned, what was the primary reason Mr. Abrams’ conviction for contempt of court was reversed?
a) He did not commit the offense
b) He authorized his attorney to accept service
c) He was not personally served with the subpoena
d) The subpoena was not issued by the proper court
c) He was not personally served with the subpoena
What must you offer or provide to the witness at the time of personal service of a subpoena, if demanded?
a) A gift card
b) A letter of recommendation
c) Travel fees and witness fees for one day’s attendance
d) A copy of the complaint
c) Travel fees and witness fees for one day’s attendance
Which of the following groups is mentioned as having an exemption or special procedure for personal service of subpoenas?
a) Doctors and lawyers
b) Peace officers, state employees, or court personnel
c) Business owners and CEOs
d) Minors over 18 years of age
b) Peace officers, state employees, or court personnel
For serving a peace officer in California, what must be included with the subpoena according to Government Code section §680971.1(a)(b)?
a) A letter from the judge
b) A copy of the incident report
c) Payment of $150 times the number of days the employee is required to attend
d) A letter from the chief of police
c) Payment of $150 times the number of days the employee is required to attend
In criminal cases, how are subpoenas generally served according to California Penal Code §1328(a)?
a) By mail
b) By email
c) Personally
d) To their attorney
c) Personally
In criminal cases, witnesses are generally not obligated to appear in court if they reside how many miles from the courthouse?
a) 50 miles
b) 100 miles
c) 150 miles
d) 200 miles
c) 150 miles
When serving a minor under 12 years of age, who must you serve the subpoena to?
a) The minor only
b) One of the minor’s parents
c) The minor’s best friend
d) The minor’s teacher
b) One of the minor’s parents
When is subpoena service considered complete according to the document?
a) When the witness appears in court
b) When the person has been properly served and the affidavit on the subpoena is filled out and signed
c) When the subpoena is issued by the court
d) When the witness signs a receipt of the subpoena
b) When the person has been properly served and the affidavit on the subpoena is filled out and signed
Does the subpoenaed party generally sign the subpoena?
a) Yes, always
b) Only in criminal cases
c) Only in civil cases
d) No, they do not sign the subpoena
d) No, they do not sign the subpoena
