SUBP-045 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS: ATTORNEY FOR (Name): FAX NO.: Court for county in which discovery is to be conducted: SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: Court in which action is pending: Name of Court: STREET ADDRESS: MAILING ADDRESS: CITY, STATE, AND ZIP CODE: COUNTRY: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CALIFORNIA CASE NUMBER (if any assigned by court): DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA CASE NUMBER (of action pending outside California): THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): 1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: a. Time: Address: b. c. This deposition will be recorded stenographically and by audiotape videotape. As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 4. (Code Civ. Proc., § 2025.230.) You are ordered to produce the documents, electronically stored information, and things described in item 3. through the instant visual display of testimony 2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena. 3. The documents, electronically stored information, and things to be produced and any testing or sampling being sought are described as follows ((if electronically stored information is required, the form or forms in which each type of information is to be produced may be specified) : Continued on Attachment 3 (use form MC-025). 4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described as follows: Continued on Attachment 4 (use form MC-025). 5. Attorneys for the parties to this action or parties without attorneys are (name, address, telephone number, and name of party represented): Continued on Attachment 5 (use form MC-025). Form Adopted for Mandatory Use Judicial Council of California SUBP-045 [Rev. January 1, 2012] Page 1 of 2 Code of Civil Procedure, §§ 2029.100­900, 2020.510, 2025.220, 2025.230, 2025.250, 2025.620; Government Code, § 68097.1 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA SUBP-045 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: 6. Other terms or provisions from out-of-state subpoena, if any (specify): Continued on Attachment 6 (use form MC-025). 7. If you have been served with this subpoena as a custodian of consumer or employee records under Code of Civil Procedures section 1985.3 or 1985.6 and a motion to quash or an objection has been served on you, a court order or agreement of the parties, witnesses, and consumer or employee affected must be obtained before you are required to produce consumer or employee records. 8. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles of your residence. The location of the deposition for all deponents is governed by Code of Civil Procedure section 2025.250. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: (SIGNATURE OF PERSON ISSUING SUBPOENA) (TYPE OR PRINT NAME) (TITLE) PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS 1. I served this Deposition Subpoena for Personal Appearance and Production of Documents, Electronically Stored Information, and Things in Action Pending Outside California by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees and mileage both ways (check one): (1) were paid. Amount: . . . . . . . . . . . $ (2) were not paid. (3) were tendered to the witness's public entity employer as required by Government Code section 68097.2. The amount tendered was (specify): $ f. Fee for service: . . . . . . . . . . . . . . . . . . . . . . $ 2. I received this subpoena for service on (date): I also served a completed Proof of Service of Notice to Consumer or Employee and Objection (form SUBP-025) by personally delivering a copy to the person served as described in 1 above. 4 Person serving: a. Not a registered California process server California sheriff or marshal b. c. Registered California process server d. Employee or independent contractor of a registered California process server e. Exempt from registration under Business and Professions Code section 22350(b) f. Name, address, telephone number, and, if applicable, county of registration and number: 3. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (For California sheriff or marshal use only) I certify that the foregoing is true and correct. Date: (SIGNATURE) SUBP-045 [Rev. January 1, 2012] (SIGNATURE) Page 2 of 2 DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA