CCP 1985.6 (Legal Process Question)

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CCP 1985.6 (f) (1) states: (1) Any employee whose employment records are sought by a subpoena duces tecum may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum. Notice of the bringing of that motion shall be given to the witness and the deposition officer at least five days prior to production... Does this mean that the hearing on the motion must occur before date of production? Example, I file motion to quash, and earliest court date available is 12/29. However, date of production is 12/26. Assuming I served the depo officer and opposing party 5 days before date of production (at least), would I still have a problem since hearing scheduled AFTER date of production?

Attorney Answers

2
Joshua Swigart ·
The fact that you filed a motion to quash tolls the production date of the subpoena. It requires the other party go to court and argue the motion. It requires the production party ie the employer, to wait until there is a ruling from the court. Make sure you serve a copy of the motion on the subpoenaing party and the employer who was supposed to produce the documents
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Jeannette Darrow ·
Mr. Swigart is correct. As long as you have properly given notice to the deposition officer and the witness (most likely the employer who is supposed to provide the records), and you've filed the motion to quash, it doesn't matter that the hearing date is later than the production date. There is no need for an ex parte application to get an earlier hearing date. You are also correct that the hearing date needs to be at least 16 court days after service of your motion to quash.
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