California Appellate Tracker

Board of Registered Nursing v. Superior Court (2021)

January 16, 2021

A subpoena served on a third party witness to produce business records is a deposition subpoena. If the subpoenaed witness objects rather than producing the requested documents (in whole or in part), the subpoenaing party has 60 days to move to compel compliance with the subpoena. Meet and confer efforts in the meanwhile do not continue the 60 day deadline even if the subpoenaed witness produces some of the requested information in the meanwhile. Section 1985.3 and 1985.4 govern subpoenas issued to state agencies as well as other entities for the production of information regarding third parties’ private information. Here, subpoenas on state agencies for records regarding medical professionals’ prescription of and disciplinary records concerning, prescription of opioids required prior consumer notice at least to the non-redacted names and identities of the doctors or nurses involved.

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Board of Registered Nursing v. Superior Court (2021)

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