Promptly on or after the deposition date and after the receipt or the making of a copy of business records under this article, the deposition officer shall provide that copy to the party at whose instance the deposition subpoena was served, and a copy of those records to any other party to the action who then or subsequently, within a period of six months following the settlement of the case, notifies the deposition officer that the party desires to purchase a copy of those records.
§ 2020.440.Providing copy of records to subpoenaing party; providing
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 2020.440 requires the deposition officer to provide the copied business records promptly to the party who served the subpoena, and to any other party who requests a copy within six months after the case settles.
Full Text of § 2020.440
Plain-English Summary
Getting records copied is only half the job; someone has to receive them, and this section closes the loop. Promptly after the deposition date and after receiving or making a copy of the business records, the deposition officer provides that copy to the party at whose instance the subpoena was served, the party who set the whole process in motion.
Other parties to the case aren't shut out, though. Any other party who notifies the deposition officer that it wants a copy gets one too, whether that request comes right away or later, so long as it arrives within six months after the case settles. The window gives every party a fair shot at the same records without requiring each one to serve a duplicate subpoena.
Frequently Asked Questions
Who receives the copied business records after a records-only subpoena is completed?
The party at whose instance the subpoena was served, provided promptly by the deposition officer.
Can other parties to the case also get a copy of the records?
Yes, if they notify the deposition officer they want a copy, whether at the time or later, as long as the request comes within six months after the case settles.
Is there a deadline for another party to request a copy of the records?
Yes, within six months following the settlement of the case.
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: distributing copies of subpoenaed recordsdeposition officer provide records to parties