A subpoena arrives at your business demanding documents, testimony, or both — in a lawsuit you are not even a party to. Ignoring it is not an option, but neither is reflexively shipping every file the demand mentions. California law gives subpoena recipients real rights: to object, to narrow the demand, to protect confidential information, and in some cases to be paid for the effort. This article walks through what a civil subpoena requires and the smart way to respond.
What kind of subpoena is it?
Start by identifying what you have been served with, because the obligations differ:
- Deposition subpoena for production of business records (Code of Civil Procedure section 2020.410) — documents only, typically delivered to a deposition officer by a stated date. This is the most common subpoena businesses receive.
- Deposition subpoena for testimony (section 2020.310) — a person must appear and answer questions under oath; a business served with a "person most qualified" subpoena must designate and prepare the right person.
- Combined subpoena — testimony plus documents.
- Trial subpoena (section 1985 et seq.) — appearance or records at trial.
Note the date, the categories of documents demanded, who issued it, and the case caption. Then calendar everything immediately — the deadlines drive every option you have.
Do not ignore it — but do not overproduce either
A subpoena is court process. Disobedience without a valid excuse can be punished as contempt, and section 1992 adds a forfeiture plus liability for damages caused by the failure to appear. At the same time, a subpoena only obligates you to produce what it properly demands. Overproduction is a real risk for businesses: trade secrets, customer data, employee records, and privileged communications routinely get swept into "all documents relating to" requests. The right posture is prompt, precise compliance with a demand narrowed to what is legitimate — nothing more.
Your options: comply, object, negotiate, or move to quash
California gives recipients several tools, and they are frequently used in combination:
- Comply. Gather responsive records, review them for privilege and confidentiality, and produce by the stated date with a custodian declaration.
- Negotiate. Most subpoena disputes are resolved by a phone call and a follow-up letter: narrowing date ranges, limiting categories, agreeing on a protective order for sensitive material, or extending the production date. Counsel who issued the subpoena usually prefer a workable agreement to motion practice.
- Object or move to quash. Under section 1987.1, the court may quash or modify a subpoena, or condition compliance on protective terms, on grounds such as overbreadth, undue burden, irrelevance, privilege, and privacy. Objections should be served promptly, and a motion to quash should be on file before the compliance date.
Grounds that carry weight include attorney-client privilege and work product, trade secret protection, California's constitutional right of privacy (which covers personnel and financial records), and demands that are disproportionate to the case. A nonparty's burden matters: courts expect litigants to get discovery from each other before imposing heavy costs on strangers to the case.
Special rules for consumer and employment records
If the subpoena seeks statutorily defined personal records about a consumer or employment records about an employee — bank records, medical files, personnel files — Code of Civil Procedure sections 1985.3 and 1985.6 require the subpoenaing party to serve a notice to consumer, giving the affected person a chance to object before production. A records custodian who produces without confirming the notice requirements were satisfied takes on unnecessary risk. Businesses served with these subpoenas should verify the notice paperwork is in order and wait out the objection period; when in doubt, produce nothing until the procedure is confirmed or a court orders otherwise. Nonparties are also entitled to reimbursement of reasonable costs for producing business records under Evidence Code section 1563 — clerical time, copying, and retrieval at statutory rates — so track the effort.
When the subpoena signals something bigger
Sometimes a subpoena is exactly what it appears to be: a nonparty records request in someone else's fight. Other times it is a preview — the issuing party is investigating claims that may soon include you, or your records will expose you to claims by others. Treat the arrival of any subpoena as a moment to assess your own exposure, impose a litigation hold on relevant documents, and get advice before responding. A civil litigation attorney can usually tell within one review whether you are a bystander or a target, and the response strategy differs sharply between the two. If your business regularly receives subpoenas — banks, employers, platforms — a standing response protocol through outside general counsel keeps responses consistent and defensible.
Talk to a California business attorney
If a subpoena has landed on your desk, a short consultation before the compliance date can protect privileged material, narrow the burden, and flag whether you have exposure of your own. Schedule a free consultation or call (949) 418-2113.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney–client relationship. Facts matter; consult a lawyer about your specific situation.
