Subpoena Overview for General Jurisdiction Cases
Parties can access helpful information about a subpoena or a subpoena duces tecum in a General Jurisdiction case.
General Jurisdiction Subpoena/Subpoena Duces Tecum
OAH Subpoenas cannot be used in CSLB Arbitrations.
- I want to receive copies of records held by an agency for my administrative hearing. How do I get them?
- The form on the internet is not signed. Can I sign it?
- What laws should I look at before sending a subpœna or a subpœna duces tecum?
- I have received a subpoena to be a witness in a case. Can I be paid?
- Where do I find the form?
I want to receive copies of records held by an agency for my administrative hearing. How do I get them?
You may request documents from an agency informally before your hearing.
You may also subpœna records from an agency to be produced at your hearing. A subpœna duces tecum means "bring with you under penalty of law" and compels an agency bring records that they have and to verify to the court that the documents or records have not been altered. The agency may do this by declaration or by direct testimony, as you require.
Only the Office of Administrative Hearings or attorneys licensed in California acting on behalf of a party may sign a subpœna. If you are proceeding without an attorney and would like to issue a subpoena, the subpoena must be signed by an Administrative Law Judge.
Code of Civil Procedure sections 1985-1987
Government Code sections 11450.05-11450.50, 68092.5-68093, and 68096.1-68097.10.
Yes, according to Government Code Sections 11450.05 and 11450.50, you may request witness fees and mileage actually traveled both ways. You may request payment in advance of the hearing from the party at whose request the subpœna or subpœna duces tecum is issued. See Government Code sections 11450.05, 11450.50, 68092.5-68093, and 68096.1-68097.10.
OAH has an unsigned subpoena/subpoena duces tecum form available.
For questions about your specific case, contact your local OAH office at:
Sacramento Office (916) 263-0550
Los Angeles (213) 576-7200
Oakland (510) 622-2722
San Diego (619) 525-4475