Your Business Received a Subpoena for Records: How to Respond in California

Last updated: November 2026

A business served with a subpoena for records in a California lawsuit must produce the documents described, with a custodian's declaration, by the date stated. The alternative is to serve objections or move to quash before that date. The subpoena cannot demand compliance earlier than 20 days after it was issued or 15 days after it was served. Kolmogorov Law, P.C. advises businesses in Orange County, Los Angeles, and across California on responding to subpoenas.

Call (909) 235-6116 or contact us online if your company has been served with a subpoena.

The three kinds of deposition subpoena

A deposition subpoena may command only the attendance and testimony of a witness, only the production of business records for copying, or both. (Code Civ. Proc., § 2020.020.) Most subpoenas that land on a company's front desk are the second kind: a records-only subpoena directed to the custodian, with no one required to appear.

A records-only subpoena is handled by mail and a declaration. A subpoena that also demands testimony means an employee will be deposed, and our deposition preparation guide covers that.

What the subpoena must contain

A records-only subpoena must describe each item specifically or reasonably particularize each category. It must state the form in which electronic information should be produced, if a particular form is wanted. (Code Civ. Proc., § 2020.410, subd. (a).) It need not include a declaration of good cause. (Code Civ. Proc., § 2020.410, subd. (c).) It must be directed to the custodian or another person qualified to certify the records. And it must set a compliance date no earlier than 20 days after issuance or 15 days after service, whichever is later. (Code Civ. Proc., § 2020.410, subd. (c).)

Your first three steps

Calendar the production date the day the subpoena arrives; every option below must be exercised before it.

A subpoena for "all communications" with a counterparty over five years may be a two-hour search or a two-month project.

Preserve what is described. Once a subpoena arrives, routine deletion of the covered material has to stop. Our litigation hold guide explains how.

I also tell clients to call the issuing attorney. Most records subpoenas are drafted broadly and narrowed by a phone call.

Producing business records in response to the subpoena

The custodian delivers a true, legible, and durable copy of the records to the deposition officer named in the subpoena, together with an affidavit under Evidence Code section 1561. The records may not be delivered before the date stated unless the parties stipulate. (Code Civ. Proc., § 2020.430, subds. (a), (d).)

The affidavit states that the signer is the authorized custodian and that the copy is a true copy of all records described. It states that the records were prepared in the ordinary course of business at or near the time of the events, what the records are, and how they were prepared. (Evid. Code, § 1561, subd. (a).) If the company has none of the records, or only some, the affidavit says so. (Evid. Code, § 1561, subd. (b).)

A non-party is entitled to its reasonable costs of production, charged to the party who served the subpoena. The statute lists ten cents per page for standard copies and clerical time at up to $24 per hour. (Evid. Code, § 1563, subd. (b).)

Objecting or moving to quash

If the subpoena demands privileged material, trade secrets, private customer or employee information, or more than the case could justify, the remedy is a motion to quash or modify. The court may quash the subpoena, modify it, or direct compliance on conditions, including protective orders against unreasonable or oppressive demands and invasions of privacy. (Code Civ. Proc., § 1987.1, subd. (a).) A party, a witness, a consumer whose records are sought, and an employee whose records are sought may each bring the motion. (Code Civ. Proc., § 1987.1, subd. (b).)

Fees are in play. The court may award the reasonable expenses of the motion, including attorney fees, against a side that acted in bad faith or without substantial justification, or where the subpoena was oppressive. (Code Civ. Proc., § 1987.2, subd. (a).)

The owner of a trade secret has a privilege to refuse to disclose it, and to prevent others from disclosing it, if allowing the privilege will not conceal fraud or work injustice. (Evid. Code, § 1060.) In practice the court usually enters a protective order limiting who sees the material rather than excusing production. Our trade secret practice page covers how those orders are negotiated.

Consumer and employee records

Special notice rules apply when the records are about a person rather than the business. The rules cover a bank, insurer, accountant, school, or similar witness subpoenaed for a consumer's personal records. The subpoenaing party must serve the consumer with a copy of the subpoena and a notice of the right to object before the production date. (Code Civ. Proc., § 1985.3, subds. (a), (b), (e).) Employment records carry a parallel requirement. The employee must be served with the subpoena and a notice and may move to quash. A nonparty employee may instead serve a written objection. After either step the employer need not produce without a court order or an agreement of those affected. (Code Civ. Proc., § 1985.6, subds. (b), (e), (f).)

For an employer, a subpoena for a current or former employee's personnel file should arrive with proof that the employee was notified. If it did not, say so and wait.

What happens if you ignore it

A deponent who disobeys a deposition subpoena may be punished for contempt without any prior court order directing compliance. (Code Civ. Proc., § 2020.240.)

Motions to quash are heard by the court where the case is pending, for Orange County usually at the Central Justice Center in Santa Ana and for Los Angeles at the Stanley Mosk Courthouse. Our discovery toolkit explains how subpoenas fit with the other discovery tools.

What to bring to the first meeting

Bring the subpoena and everything served with it, including any consumer or employee notice and the proof of service. Bring a short description of what records the company keeps that match the categories and where they are stored.

Frequently asked questions

How do I respond to a subpoena for business records?

Calendar the production date, identify which records you have that match each category, and decide whether to produce, negotiate the scope, or object. If you produce, deliver copies with a custodian's declaration under Evidence Code section 1561 to the deposition officer on or after the date stated. If you object, do so before that date.

Do I have to comply with a subpoena for records?

Yes, unless it is withdrawn, narrowed by agreement, or quashed or modified by the court. A subpoena is a court process, and disobeying it can be punished as contempt without a prior order. An overbroad or invasive demand calls for a timely objection, not silence.

Can I charge for producing records in response to a subpoena?

A non-party witness is entitled to its reasonable costs of production, charged to the party who served the subpoena. The statute sets ten cents per page for standard copies, clerical time at a maximum of $24 per hour, actual postage, and actual third-party retrieval charges.

How long do I have to respond to a subpoena in California?

The subpoena states the production date. That date cannot be earlier than 20 days after the subpoena was issued or 15 days after it was served, whichever is later. Objections and motions to quash must be made before the production date.

Can I object to a subpoena for my company's records?

Yes. A party, a witness, a consumer, or an employee whose records are sought may move to quash or modify the subpoena. The court can limit it or impose a protective order to guard privileged, trade secret, or private information. Objections should be targeted, because fees can be awarded against a side that acts without substantial justification.

Talk to a California civil litigation attorney

If your business has been served with a subpoena for records, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located at 327 Magnet, Irvine, CA 92618, and represents businesses in Orange County, Los Angeles, and throughout California.

This page provides general information about California law and is not legal advice. Outcomes depend on the subpoena, the facts, and the court.