§ 2020.410.Specificity of requests; form of production of electronically stored information;
Title 4. Civil Discovery Act · Chapter 6. Nonparty Discovery · Article 4. Subpoena Commanding Only Production of Business Records for Copying · Last amended 2012 · Last verified July 29, 2026
In one sentenceSection 2020.410 requires a records-only deposition subpoena to describe the business records sought with specificity, dispenses with any good-cause affidavit, directs the subpoena to the records custodian, sets a minimum compliance date, and requires consumer or employee notice documentation when personal or employment records are sought.
(a)A deposition subpoena that commands only the production of business records for copying shall designate the business records to be produced either by specifically describing each individual item or by reasonably particularizing each category of item, and shall specify the form in which any electronically stored information is to be produced, if a particular form is desired.
(b)Notwithstanding subdivision (a), specific information identifiable only to the deponent's records system, like a policy number or the date when a consumer interacted with the witness, is not required.
(c)A deposition subpoena that commands only the production of business records for copying need not be accompanied by an affidavit or declaration showing good cause for the production of the business records designated in it. It shall be directed to the custodian of those records or another person qualified to certify the records. It shall command compliance in accordance with Section 2020.430 on a date that is no earlier than 20 days after the issuance, or 15 days after the service, of the deposition subpoena, whichever date is later.
(d)If, under Section 1985.3 or 1985.6, the one to whom the deposition subpoena is directed is a witness, and the business records described in the deposition subpoena are personal records pertaining to a consumer, the service of the deposition subpoena shall be accompanied either by a copy of the proof of service of the notice to the consumer described in subdivision (e) of Section 1985.3, or subdivision (b) of Section 1985.6, as applicable, or by the consumer's written authorization to release personal records described in paragraph (2) of subdivision (c) of Section 1985.3, or paragraph (2) of subdivision (c) of Section 1985.6, as applicable.
Plain-English Summary
A subpoena asking only for business records has its own formal recipe, distinct from one demanding testimony. The records themselves have to be identified either by describing each specific item or by reasonably particularizing each category, and if electronic records are wanted in a specific form, the subpoena has to say so. That specificity doesn't require identifying information that only the custodian's own filing system would know, like an internal policy number or the exact date a consumer dealt with the witness.
Unlike some other subpoenas, a records-only subpoena doesn't need an affidavit or declaration showing good cause; it goes directly to the custodian of records or another qualified person, and it can't demand compliance any sooner than 20 days after issuance or 15 days after service, whichever comes later. When the records are personal records about a consumer or an employee, sourced through the consumer-notice or employee-notice statutes elsewhere in the code, service has to come with either proof that the consumer or employee got notice, or that person's written authorization releasing the records.
Frequently Asked Questions
Does a records-only deposition subpoena require a supporting affidavit of good cause?
No. Section 2020.410 specifically dispenses with any affidavit or declaration showing good cause for a records-only subpoena.
How soon can compliance be required after a records-only subpoena is served?
No earlier than 20 days after issuance or 15 days after service, whichever date is later.
What must accompany a records subpoena seeking a consumer's personal records?
Either proof of service of the notice to the consumer required by Section 1985.3, or the consumer's written authorization to release the records.
Must the subpoena identify records by internal policy numbers or account details known only to the custodian?
No. Specific information identifiable only to the deponent's own records system isn't required.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005. Amended by Stats.2012, c. 72 (S.B.1574), § 17.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:business records subpoena california requirementsconsumer notice records subpoena