California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1 - Administration › Section 551.2 - Subpoenas; Motion to Quash

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the written request of any party
				  that has been properly served on the opposing party or parties, the executive
				  director or an administrative law judge designated by the board or its
				  executive director may, and at the direction of the board the executive
				  director shall, issue a subpoena for the attendance of any person before the
				  board, for the attendance and testimony of a deponent, or a subpoena duces
				  tecum for the production of papers, records, books, and electronically stored
				  information by a witness or a deponent.
(b) The issuance of a subpoena for the
				  attendance and testimony of a witness or for a subpoena duces tecum for the
				  production of papers, records, books, and electronically stored information for
				  hearing shall be governed by the requirements set forth in Chapter 2
				  (commencing with Section
				  1985) of Title 3 of Part 4 of the
				  Code of Civil Procedure, excepting the provisions of subdivision (c) of Section
				  1985, of that code. A copy of an
				  affidavit shall be served with a subpoena duces tecum for hearing containing
				  the information required by Code of Civil Procedure Section
				  1985(b).
(c) The issuance of a subpoena for the
				  attendance and testimony of a non-party deponent or for a subpoena duces tecum
				  for the production of papers, records, books, and electronically stored
				  information for deposition of a non-party shall be governed by the requirements
				  set forth in Chapter 1 (commencing with Section
				  2016.010) of Title 4 of Part 4 of
				  the Code of Civil Procedure, excepting the provisions of Section
				  2020.210, subdivisions (a) and (b)
				  of that code. A subpoena dues tecum issued to a non-party deponent need not be
				  accompanied by an affidavit or declaration showing good cause for the
				  production of the business records designated in it.
(d) Following service of the original
				  subpoena upon the witness or deponent, a copy of the subpoena and an original
				  or copy of the executed proof of service shall be filed with the
				  board.
(e) A motion to quash
				  pursuant to Government Code section
				  11450.30
				  shall be made in compliance with Article 1, section
				  551.19. The motion shall be made
				  within a reasonable time after receipt of the subpoena. The person bringing the
				  motion shall serve copies of the motion on all parties. Notice to all other
				  persons entitled to such notice must also be given or received as may be
				  required by law.
1.
					 Renumbering of former Section
					 579 to Section
					 551.2 filed 10-16-89; operative
					 11-15-89 (Register 89, No. 44). For prior history, see Register 79, No.
					 28.
2. Amendment filed 10-9-98; operative 11-8-98 (Register 98, No.
					 41).
3. Change without regulatory effect amending subsection (a)
					 filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
4. Change without regulatory
					 effect amending subsection (c) filed 8-24-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 34).
5. Amendment of section
					 heading, section and NOTE filed 2-24-2011; operative 3-26-2011 (Register 2011,
					 No. 8).
6. Amendment of subsections (a) and (d) filed 10-21-2015;
					 operative 1-1-2016 (Register 2015, No. 43).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						3050.1(a),
						Vehicle Code; and Section
						11450.30,
						Government Code.