California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 5 - Narcotic Addict Evaluation Authority › Chapter 2 - Hearings › Article 6 - Subpoenas › Section 5232 - Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Processes issued under this article extend to all parts of the state.
(b) Subpoena. Service of a subpoena is made
				  by showing the original and delivering a copy to the witness
				  personally.
(c) Subpoena Duces
				  Tecum. Service of a subpoena duces tecum is made by showing the original and
				  delivering a copy to the person having possession or control of the documentary
				  evidence. A copy of the declaration in support of a subpoena duces tecum is
				  invalid if the declaration in support of subpoena duces tecum is not served on
				  the person at the same time as the subpoena duces tecum.
(d) By Whom Made. Services may be made by any
				  person eighteen years of age or older.
(e) Time Limits. Service shall be made not
				  later than two (2) days before the hearing unless good cause for later service
				  is shown.
(f) Obligation of Witness
				  to Attend. A person is obliged to attend a return or rescission hearing as a
				  witness pursuant to a subpoena or a subpoena duces tecum at any place within
				  the county of residence or which is less than 50 miles from the witness'
				  residence. Witnesses shall be paid fees and mileage at the rate provided in
				  Government Code Section
				  68093.
(g) Custodian of Records. The custodian of
				  records may upon receiving a subpoena duces tecum mail a true, legible, and
				  durable copy of all the records described in the subpoena duces tecum. The
				  records shall be accompanied by the affidavit of the custodian.
(h) Affidavit of Custodian. The affidavit
				  shall state that the affiant is the custodian of the records and is authorized
				  to certify the records that the copy is a true copy of the records described in
				  the subpoena duces tecum, and that the records were prepared in the ordinary
				  course of business.
(i) Attendance
				  Required. The custodian of records shall attend the hearing and produce
				  original records only when the subpoena duces tecum contains a clause to that
				  effect.
(j) Failure to Comply. If a
				  witness fails to comply with a subpoena or a subpoena duces tecum, the Narcotic
				  Addict Evaluation Authority may petition the Superior Court in the county of
				  which the hearing is pending for an order compelling compliance.
(k) Request to Quash. The Civil Addict Legal
				  Processing Unit, upon a request, timely and reasonably made, may quash a
				  subpoena or subpoena duces tecum entirely, modify it or direct compliance with
				  it upon terms or conditions. The request to quash shall be made to the Civil
				  Addict Legal Processing Unit.
(l)
				  Criteria. The Civil Addict Legal Processing Unit shall consider the objections
				  to a subpoena or a subpoena duces tecum in light of all available information.
				  The guiding principles shall be to protect witnesses from unreasonable and
				  oppressive demands and to ensure their safety.
(m) Final Responsibility. The Chairperson of
				  the Narcotic Addict Evaluation Authority has final responsibility for deciding
				  whether to issue a subpoena or a subpoena duces tecum and whether to grant or
				  deny a request to quash a subpoena or a subpoena duces tecum. The Chairperson
				  of the Narcotic Addict Evaluation Authority may delegate these decisions to the
				  Civil Addict Legal Processing Unit staff.
1. Amendment
					 of subsections (j) and (m) filed 6-29-2000; operative 7-29-2000 (Register 2000,
					 No. 26).
Note: Authority cited: Section
						3150,
						Welfare and Institutions Code. Reference: Section
						3157,
						Welfare and Institutions Code; Sections
						11180 et seq. and Section
						68093,
						Government Code.