PRETRIAL ADJUDICATION
...Judicial Arbitration
......Subpoenas
7 Cards On This Topic:
  • Documentary evidence admissible at arbitration pursuant to general procedural rules for subpoena duces tecum (SDT).
  • Procedure for SDT and accompanying affidavit; documents requested and materiality.
  • Clerk or judge issues subpoena or SDT signed, sealed, in blank; attorney of record may sign and issue.
  • Rule 3.823 (c) incorporates Code Civ. Proc. §1985, thereby authorizing subpoenas under that section for books, documents or other things.
  • Civil subpoena form modified for arbitration hearing.
  • Opponent may subpoena author of report, bill, estimate and examine as if under cross-examination.
  • Remedy for failure to appear may be contempt proceedings in superior court.