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Subpoena Duces Tecum To Produce Records (Rule 35) (Prevailing Wage Hearings) Form. This is a California form and can be use in General Workers Comp.
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ATTORNEY, AUTHORIZED REPRESENTATIVE, OR PARTY WITHOUT ATTORNEY (Name, Address, and Telephone): For ODL use only: STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS In the matter of the Request for Review of: Requesting Party, vs. Enforcing Agency. SUBPOENA DUCES TECUM TO PRODUCE RECORDS (Rule 35) Case No.: - PWH THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of witness, if known): 1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date, time, and place shown in the box below UNLESS you make a special agreement with the person named in item 3: a. Date: Time: b. Address (include room number): 2. AND YOU ARE (check one only): ! ! 3. Ordered to appear in person and produce the records described in the Declaration on page two of this form. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. Not required to appear in person if you produce (i) the records described in the accompanying declaration and (ii) a declaration of custodian of records in compliance with Evidence Code §§1560, 1561, 1562, and 1271. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OF YOUR APPEARANCE OR TO CONFIRM IN ADVANCE THAT YOUR PRESENCE IS NEEDED, CONTACT THE FOLLOWING PERSON: a. Name or Subpoenaing attorney or party: b. Telephone number: 4. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them before your scheduled appearance from the person named in item 3. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHABLE BY MONETARY AND CONTEMPT SANCTIONS IMPOSED BY THE HEARING OFFICER AND ENFORCED BY THE SUPERIOR COURT. Date: _________________________ ................................................ (Print or Type Name and Title of Person Issuing Subpoena Duces Tecum) SUBPOENA DUCES TECUM (Rule 35) _____________________________________________ (SIGNATURE) Page one of two American LegalNet, Inc. www.FormsWorkflow.com In the matter of the Request for Review of [short title]: Case No. - PWH The production of records sought by the subpoena on page one is supported by (check one): ! the attached affidavit or declaration ! the following declaration: DECLARATION IN SUPPORT OF SUBPOENA DUCES TECUM TO PRODUCE RECORDS (Rule 35) 1. I, the undersigned, declare that I am the attorney or authorized representative for the following party in this case: (Specify name and role of party): _______________________________________________________________ ! Affected Contractor ! Enforcing Agency 2. ! Affected Subcontractor ! Surety/Bonding Co. ! Other: _________________________________ The witness has possession or control of the following records and shall produce them at the time and place specified in the Subpoena Duces Tecum on page one of this form. (Specify exact items to be produced.) Continued on attachment 2. 3. Good cause exists for the production of the records described above for the following reasons: Continued on attachment 3. 4. The records described above are material to the issues of this case for the following reasons: Continued on attachment 4. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: _________________________ ................................................ (TYPE OR PRINT NAME) (SIGNATURE OF _____________________________________________ ! SUBPOENAING PARTY ! ATTORNEY FOR SUBPOENAING PARTY) SUBPOENA DUCES TECUM, DECLARATION FOR (Rule 35) Page two of two American LegalNet, Inc. www.FormsWorkflow.com