For attorneys and paralegals · ProServer CA · Bakersfield & Kern County

A records-only deposition subpoena (SUBP-010) needs a deposition officer who is qualified to receive the records. Getting that wrong can delay production or invite an objection.

Who qualifies as a deposition officer?

Under CCP § 2020.420, the deposition officer for a business-records-only subpoena must be a professional photocopier registered under Bus. & Prof. Code § 22450 et seq., or a person exempt under § 22451. The officer may not have a financial interest in the action or be a relative or employee of any attorney of the parties. In practice, your own staff can't serve as deposition officer on your firm's case. (More on the role: What Does a Registered Professional Photocopier Do in California?)

What to enter on the subpoena

In the deposition officer section, use the officer's exact name and address:

Bradford M. Sanders Jr.
Registered & Bonded Professional Photocopier, Kern County Reg. No. 47
ProServer CA, 136 Allen Rd, Ste 100-1086, Bakersfield, CA 93314
(661) 525-5802

Timing that matters

• Production date: at least 20 days after the subpoena issues or 15 days after it's served on the custodian, whichever is later (CCP § 2020.410(c)).

• Consumer or employee records: serve the Notice to Consumer or Employee (SUBP-025) under CCP § 1985.3 or § 1985.6 before you serve the custodian, and calendar the objection window.

• Records are held until the production date and are not released while an objection or motion to quash is pending.

What you receive

A searchable, Bates-numbered PDF, the custodian's affidavit (Evid. Code § 1561), and the photocopier's affidavit (Bus. & Prof. Code § 22462). Copy sets for other parties are available on request.

Kern County custodians and out-of-state cases

We serve and copy records on-site at Bakersfield hospitals, employers and agencies, and act as deposition officer on records subpoenas anywhere in California. Out-of-state case? We also handle UIDDA domestication.

Ready to order?

Upload your subpoena, or copy our deposition officer information at DepositionOfficer.com.

This article is general information for legal professionals, not legal advice. Confirm current rules against the code and local practice.