§ 2020.430.Delivery of copy of records and affidavit to deposition officer;
Title 4. Civil Discovery Act · Chapter 6. Nonparty Discovery · Article 4. Subpoena Commanding Only Production of Business Records for Copying · Enacted 2004 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2020.430 sets out how a records custodian delivers copied business records and a supporting affidavit to the deposition officer, including sealed-envelope and in-office copying procedures, the boldface warning against early release, and the resulting affidavit's admissibility.
(a)Except as provided in subdivision (e), if a deposition subpoena commands only the production of business records for copying, the custodian of the records or other qualified person shall, in person, by messenger, or by mail, deliver both of the following only to the deposition officer specified in the subpoena:
(1)A true, legible, and durable copy of the records.
(2)An affidavit in compliance with Section 1561 of the Evidence Code.
(b)If the delivery required by subdivision (a) is made to the office of the deposition officer, the records shall be enclosed, sealed, and directed as described in subdivision (c) of Section 1560 of the Evidence Code.
(c)If the delivery required by subdivision (a) is made at the office of the business whose records are the subject of the deposition subpoena, the custodian of those records or other qualified person shall do one of the following:
(1)Permit the deposition officer specified in the deposition subpoena to make a copy of the originals of the designated business records during normal business hours, as defined in subdivision (e) of Section 1560 of the Evidence Code.
(2)Deliver to the deposition officer a true, legible, and durable copy of the records on receipt of payment in cash or by check, by or on behalf of the party serving the deposition subpoena, of the reasonable costs of preparing that copy, together with an itemized statement of the cost of preparation, as determined under subdivision (b) of Section 1563 of the Evidence Code. This copy need not be delivered in a sealed envelope.
(e)This section does not apply if the subpoena directs the deponent to make the records available for inspection or copying by the subpoenaing party's attorney or a representative of that attorney at the witness' business address under subdivision (e) of Section 1560 of the Evidence Code.
(f)The provisions of Section 1562 of the Evidence Code concerning the admissibility of the affidavit of the custodian or other qualified person apply to a deposition subpoena served under this article.
Plain-English Summary
Once a records-only subpoena is served, this section governs the mechanics of getting the records into the deposition officer's hands. The custodian or other qualified person delivers, in person, by messenger, or by mail, a true and legible copy of the records along with an affidavit meeting the Evidence Code's requirements, sending both only to the deposition officer named in the subpoena. If delivery goes to the officer's own office, the records have to be sealed and addressed the way the Evidence Code specifies.
If instead delivery happens at the business's own office, the custodian has a choice: let the deposition officer copy the original records during normal business hours, or hand over a copy directly on payment of the reasonable copying costs, itemized as the Evidence Code requires, in which case no sealed envelope is needed. Records generally can't be delivered to the deposition officer before the date and time the subpoena specifies, unless the parties, and the consumer if the records concern one, agree to an earlier date, and the subpoena itself must carry a boldface warning against releasing records early. The section carves out an exception when the subpoena instead directs inspection or copying at the witness's own business address, and it confirms that the custodian's affidavit is admissible the same way the Evidence Code's general records-affidavit provision allows.
Frequently Asked Questions
How does a records custodian deliver copied records to the deposition officer?
In person, by messenger, or by mail, along with an affidavit meeting Section 1561 of the Evidence Code, sent only to the deposition officer named in the subpoena.
Can the custodian let the deposition officer copy the records instead of preparing copies itself?
Yes, if delivery happens at the business's own office, the custodian can permit the deposition officer to copy the originals during normal business hours.
Can records be delivered to the deposition officer before the date specified in the subpoena?
Generally no, unless the parties, and the consumer if applicable, stipulate to an earlier date; the subpoena must carry a boldface warning against early release.
Is the custodian's affidavit admissible in court?
Yes. Section 1562 of the Evidence Code governs the admissibility of the custodian's or other qualified person's affidavit.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)
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:records custodian delivery deposition officersealed records subpoena california