My question involves court procedures for the state of CA.
FORMALLY OBJECTING TO A SUBPOENA
I have received a subpoena to deliver records and appear as a witness in a lawsuit between an employee of the company I work for and my company. There is a very long list of records they want including all communications between my company and me, marketing materials, w-2 forms, all commission statements, contracts, all company forms, etc.
What is the best way to deliver the objection to the subpoena? Can it be faxed with proof of fax? Fedexed? personally delivered (the lawyer is only a few miles away)? Or more than one method?
Do I have the following right?
After rereading the California court SUBP-025 OBJECTION FORM over many times and reading up on the whole pretrial discovery process, I see that the main grounds is privacy.
Should I also mention the following?
Other less important grounds are, it is overly broad, it is burdensome, there is not enough time to assemble all the records, the records are confidential and proprietary, and I have been offered no money to cover my expenses in appearing.
So the issue is not quantity of objections, just the right one(s).
Once the lawyer has received my objection they have to make a good faith attempt to resolve what records they really need before they can force me to give them my records.
This is where I can find out what records they really want and just give them that?
Yesterday the lawyer that I had talked to was quoting me 10-20 hours of his time to write up a formal objection, when I understand now none of that is really needed, because I am not one of the parties in the trial. I still have an appointment with him on Monday, if needed, to simply write a few sentences and, I assume fax, the form in to the lawyer requesting the subpoena.