Subpoenas
All subpoenas are prepared and served in the form of a packet, which contains:
-
Deposition Subpoena (Which includes the proof of service on the location or custodian on the reverse side).
-
Notice to Consumer (Also called Notice of Tracking Deposition).
-
Proof of Notice to Consumer (Which must state whether service via hand delivery or by mail).
-
Declaration for Subpoena Duces Tecus (Generally, this document is signed by the custodian, when the records are mailed to the depo officer. It contains specific language, and would be acceptable in lieu of the certificate).
-
Notice to Party Being Subpoenaed (Effectively, a cover letter explaining what the custodian asked to produce).
-
A Certificate of Authenticity (This document is often crucial, especially when the records may be submitted in the official record of trial hearing proceedings. This certificate must be signed by the person producing the records, and it must be a sworn statement, with all penalties for perjury in effect. This form must have 2 parts, one which is signed by the records custodian, and another which is signed by the photocopy agent).
-
In some cases, a copy of the Affidavit must also accompany the packet (A document supporting the validity of the request for records)