How to Respond to a Deposition Subpoena in California: Guidance for Nonparties and Why You Might Need an Attorney
Receiving a deposition subpoena in California litigation is often a surprise, especially when you are not a party to the case. Nonparty subpoenas are issued to witnesses, record custodians, and other third parties whose information or documents are important to resolving the dispute. Navigating this process without legal counsel can expose you to risks, but knowing your rights and obligations will help you respond strategically and confidently.
Understanding Nonparty Discovery
Deposition subpoenas in California are a key tool for nonparty discovery. When you are served, you are being drawn into the litigation solely because you hold important evidence, not because you are accused or suing. These requests fall under the California Code of Civil Procedure, which provides protections and procedures tailored for nonparties. If you receive a subpoena, you must take it seriously. The law treats subpoenas not as requests but as enforceable court orders, meaning failure to respond can have real legal consequences.
Steps to Take When You Receive a Deposition Subpoena
Your first priority should be to read the subpoena carefully. Confirm that it is properly issued with all required signatures and case details, and review the instructions for both appearance and records. Know exactly what is being requested and mark all deadlines to avoid missing vital dates.
Deciding how to respond can be a challenge. Some recipients immediately comply, sometimes releasing confidential or privileged records without considering alternatives. Others may wonder about their rights to object or modify an intrusive request. This is an ideal moment to contact a knowledgeable California attorney who can guide you through your choices and represent your interests.
Legal Response Options for Nonparties
When you are subpoenaed for a deposition or records, you have distinct options. Compliance means preparing the appropriate documents and appearing as requested. You can negotiate for modifications, delays, or clarification when requests are unclear or excessively broad. If a subpoena demands privileged or sensitive material, you have the right to serve written objections or seek protection from the court. With legal representation, you can challenge subpoenas that overstep legal boundaries, request protective orders, or move to quash the subpoena entirely.
Risks of Ignoring or Mishandling the Subpoena
Noncompliance exposes you to the possibility of court sanctions, contempt proceedings, or orders forcing compliance. Careless handling can also result in waiving privileges or surrendering sensitive records that could harm you professionally or personally. Engaging an attorney ensures you do not lose valuable protections during this process.
Why an Attorney’s Guidance Matters
Nonparties sometimes underestimate how a deposition subpoena can impact their privacy, reputation, or business. An attorney can interpret the scope and legality of the subpoena, help you assert and document valid objections, and guide you in preparing for testimony. Experienced advocates also protect confidential communications, trade secrets, and privileged material, ensuring you respond lawfully without unnecessary exposure.
Examples of Common Grounds for Objection
While every case is unique, the most effective objections to deposition subpoenas commonly involve claims of undue burden, irrelevance, privilege, privacy, or lack of possession or control over requested records. Objecting properly empowers you to defend your interests and often leads to negotiation or court protection.
Key Points for Nonparties Responding to Deposition Subpoenas
Here is a focused summary of what to keep in mind
Respond promptly to all deadlines stated in the subpoena
Review all requests for privacy and privilege implications
Seek legal advice before providing testimony or sensitive records
Know that you can and should object to improper or burdensome subpoenas
Do not hesitate to ask the court for protection if necessary
Receiving a California deposition subpoena as a nonparty can be intimidating, but understanding your rights and securing experienced legal guidance are the best ways to protect yourself. If you have been served with a subpoena or have concerns about how to respond, contact an attorney like myself for personalized advice and representation.
