how to subpoena the california attorney general

by Ms. Christy Cremin III 6 min read

What kind of lawyer do I need to get a subpoena?

The following is an informational guide for the service of court filings upon the Attorney General. In most cases, service may be made at any one of the Attorney General's offices listed below. However, there may be instances where service on the Attorney General must be made at the Sacramento office only or to the designated staff as listed here.

Who can sign a subpoena in California?

Petitioner Edmund G. Brown Jr., Attorney General ofthe State of California, by and through the undersigned, alleges as follows: 1. Petitioner Edmund G. Brown Jr. is the Attorney General ofthe State of California, . and was so at all relevant times. He brings this action solely in his official capacity and not otherwise.

What is a subpoena and when can I get one?

Subpoena Overview for General Jurisdiction Cases. Parties can access helpful information about a subpoena or a subpoena duces tecum in a General Jurisdiction case. Only the Office of Administrative Hearings (OAH ) or attorneys licensed in California acting on behalf of a party may sign a subpœna. OAH cannot provide legal advice.

Where can I make service to the Attorney General of California?

subpoena's recipient must consider are outlined below. Produce Documents within Possession, Custody or Control A party who chooses to comply with a document subpoena must produce all materials in its possession, custody or control, regard-less of their location (FRCP 45(a)(1)(A)(iii)). For example, a California

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How do I contact the California Attorney General?

For state matters, please call the California Attorney General's Office at (415) 703-5500.Jul 21, 2021

How do I contact Rob Bonta?

For service on the Attorney General:Office of the Attorney General.1515 Clay Street.Oakland, CA 94612-1499.Phone: (510) 879-1300.

How much does the attorney general of California make?

State executive salariesOffice and current officialSalaryGovernor of California Gavin Newsom$209,747Lieutenant Governor of California Eleni KounalakisAttorney General of California Rob BontaCalifornia Secretary of State Shirley Weber6 more rows

How do I email the California attorney general?

P.O. Box 997410. Sacramento, CA 95899-7410. Telephone: (916) 445-2684. Email: [email protected].

How do I file a complaint against a district attorney in California?

For information on how to file a complaint, visit www.calbar.ca.gov or call the Attorney Complaint Hotline at (800) 843-9053.

What does the California state Attorney General do?

The Attorney General is the state's top lawyer and law enforcement official, protecting and serving the people and interests of California through a broad range of duties. ... Assists district attorneys, local law enforcement and federal and international criminal justice agencies in the administration of justice.

How many attorney generals are there in California?

33 California attorneysThere have been 33 California attorneys general since 1849. Of the 32 officeholders, 19 were Democrat, 13 were Republican and one was American Independent.

How much does the SF mayor make?

Report: MayorsPositionCityTotal WagesMayorSan Francisco$351,116MayorLos Angeles$276,918MayorOakland

How much does a CA governor make?

Governor of CaliforniaTerm lengthFour-year term, renewable onceInaugural holderPeter Hardeman BurnettFormationDecember 20, 1849SalaryUS$210,000 (2020)7 more rows

How do I file a complaint with the Attorney General Office?

You can also request a complaint form by calling 1.800. 382.5516 or 317.232. 6330....Consumer Complaint Forms:Online Consumer Complaint Form.Fillable Consumer Complaint Form.Printable Consumer Complaint Form.QUEJA DEL CONSUMIDOR.

How do I file a complaint against California?

(888) 382-1222.TDD (866) 290-4236.

How do I file a complaint against a local government?

Learn how to file a complaint to your federal or local government and its agencies....You can also contact your congressional representative's constituent services office in your district:Locate a senator.Locate a representative.Call the United States Capitol switchboard at 1-202-224-3121.Sep 24, 2021

What is a data breach in California?

Data Security Breach: Civil Codes s. 1798.29 (e) and s. 1798.82 (e) - California law requires a business or state agency to notify any California resident whose unencrypted personal information, as defined, was acquired, or reasonably believed to have been acquired, by an unauthorized person. As of January 1, 2012, this law now requires ...

Does the Attorney General accept electronic summons?

Because of the risks presented by the COVID-19 pandemic, the Attorney General will accept electronic service of summons/complaints when the named party is the Attorney General or the Department of Justice. Unless this policy is amended ...

I want to receive copies of records held by an agency for my administrative hearing. How do I get them?

You may request documents from an agency informally before your hearing.#N#You may also subpœna records from an agency to be produced at your hearing. A subpœna duces tecum means "bring with you under penalty of law" and compels an agency bring records that they have and to verify to the court that the documents or records have not been altered.

The form on the internet is not signed. Can I sign it?

Only the Office of Administrative Hearings or attorneys licensed in California acting on behalf of a party may sign a subpœna. If you are proceeding without an attorney and would like to issue a subpoena, the subpoena must be signed by an Administrative Law Judge.

What laws should I look at before sending a subpœna or a subpœna duces tecum?

Code of Civil Procedure sections 1985-1987#N#Government Code sections 11450.05-11450.50, 68092.5-68093, and 68096.1-68097.10.

I have received a subpoena to be a witness in a case. Can I be paid?

Yes, according to Government Code Sections 11450.05 and 11450.50, you may request witness fees and mileage actually traveled both ways. You may request payment in advance of the hearing from the party at whose request the subpœna or subpœna duces tecum is issued. See Government Code sections 11450.05, 11450.50, 68092.5-68093, and 68096.1-68097.10.

Investigations and hearings before the California Attorney General

CA AG has broad authority to investigate and conduct hearings pursuant to CA Gov. Code 11180 et. seq.

Scope of the CA AG powers

The scope of the CA AG are broadly defined under the law and allow for investigations and prosecute actions concerning:

Confidentiality of procedures

As a general rule, CA AG investigations are confidential and the CA AG is not allowed to divulge any information or evidence acquired .

Subpoenas and depositions

The CA AG can issue subpoenas but must comply with the California Constitution and the United States Constitution. The CA AG must serve subpoenas following the process provided for the service of a summons (see, Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.)

What is the duty to preserve in a subpoena?

The recipient's duty to preserve is triggered regardless of whether it believes that the subpoena is objectionable. Ultimately, it is the court (not the recipient) that determines the subpoena's validity. If the recipient fails to take reasonable steps to preserve relevant evidence, the recipient may be held in contempt (FRCP 45(g)), or even face the possibility of spoliation sanctions, depending on the circumstances.

How far can a person travel to a deposition?

Under FRCP 45, a motion to quash or modify generally must be granted if a subpoena requires a person to travel to a deposition, hearing or trial beyond 100 miles from where that person lives, works, or regularly transacts business in person, regardless of whether the person is a party or non-party (FRCP 45(c)(1) and FRCP 45(d)(3)(A)). However, certain exceptions exist. This section of the Note explains the exceptions to the rule's prohibition against requiring witnesses to travel outside the 100-mile limit described in FRCP 45(c).

Do you need to produce original documents for subpoena?

For hard copy documents, the recipient of a document subpoena gen-erally does not need to produce the original documents. Photocopies often suffice. For large-scale document productions, parties typi-cally scan the requested hard copy documents onto a DVD and send only the DVD (containing scanned images of the documents) to the requesting party. To keep track of the production, the recipient should place Bates numbers or control numbers on each document or image produced. The recipient should also place a label on each DVD (or box, if paper copies are being produced) containing the range of Bates or control numbers relevant to the documents contained in each box.

What happens if you are subpoenaed to appear at a deposition?

If a subpoena commands one or more company representatives to appear at a deposition, hearing or trial, the proper witness(es) must be identified and notified. If the subpoena commands an appear-ance for purposes of providing testimony in an area that is not suf-ficiently specified, both a meet and confer between the parties and an interview of corporate employees may be necessary to identify the appropriate witness.

Does a recipient need to deliver documents to the location?

The recipient only needs to deliver the documents to the location stat-ed in the subpoena. It does not need to serve the documents on every party to the underlying action. Although FRCP 45 does not identify the acceptable methods of production, the responding individual or entity may arrange for service of responsive documents by any of the service methods set out in FRCP 5 other than service through the court's Case Management/Electronic Case Filing (CM/ECF) system. Service through the CM/ECF system results in a court filing and these types of discovery documents are not normally filed with the court (FRCP 5(d)(1); see also 2000 Advisory Committee Notes to FRCP 5(d)).

What information can a subpoena seek?

In some instances, a subpoena may seek documents containing sen-sitive business information or other private information (such as trade secrets, private health information and social security numbers) that cannot be produced without some assurance of confidentiality.

Do you have to quash a subpoena?

The recipient of a document subpoena does not need to formally move to quash the subpoena. It can rest on its written objections until the is-suing party serves a motion to compel compliance with the subpoena.

What is a subpoena in court?

A subpoena is a legal order commanding the person or organization named in the subpoena to give sworn testimony at a specified time and place about a matter concerned in an investigation or a legal proceeding, such as a trial.

Who can issue a subpoena?

Subpoenas may be issued by the following people involved in the legal case associated with the subpoena: the judge presiding over the legal proceedings. the clerk of the court where the lawsuit has been filed. a private lawyer representing one of the parties in the lawsuit.

Can you act on impulse?

As with anything legal, it's best not to act on impulse but to carefully consider the options before you. While you will likely need to comply, there are times when a court will agree to modify the subpoena's request or even to terminate it entirely.

What are some examples of subpoenas?

Examples of subpoenas: Earthlink Subpoena, AutoAdmit Subpoena, Tice Subpoena, and IBM Subpoena. Subpoenas are not necessarily filed with the court, so if you have doubts about the document you've received, ask a lawyer or call the person who signed the document and ask if they have in fact sent a subpoena.

Can you interfere with a search warrant?

In some instances, law enforcement authorities will use a search warrant, rather than a subpoena duces tecum, to access material in your possession. If you have been served with a search warrant, you cannot interfere with the search.

What happens after you testify in a criminal case?

After you testify in a criminal case, you should receive an attendance fee and travel reimbursement. If appearing at the time and place specified by the subpoena is of great inconvenience, call the person who issued the subpoena, and he may be able to reschedule your appearance to a more convenient date.

What is a motion to quash?

Typically, a Motion to Quash contains a request to the court asking to modify or terminate the subpoena based on certain objections, and a memorandum explaining how the law supports the objections. You should not wait until the date specified to make your objection known to the court.

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Scope of The CA Ag Powers

  • The scope of the CA AG are broadly defined under the law and allow forinvestigations and prosecute actions concerning: 1. All matters relating to the business activities and subjects under the jurisdiction of the department. 2. Violations of any law or rule or order of the department. 3. Such other matters as may be provided by law. See, CA Gov. Code Sec. 11180 In connection wit…
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Confidentiality of Procedures

  • As a general rule, CA AG investigations are confidential and the CA AG is not allowed to divulge any information or evidence acquired . However, an officer of the CA AG may divulge information: 1. in a report to the to the head of the CA AG 2. when called upon to testify in any court or proceeding at law 3. to any other state or the United States where they are providing assistance …
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Assistance by Other States/US Gov. Agencies

  • At the request of the CA AG, any other state, or the United States may assist in conducting an investigation of any unlawful activity that involves matters within or reasonably related to the jurisdiction of the agency, bureau, or department. 1. This investigation may be made in cooperation with the prosecuting attorney or the CA AG. 2. The prosecuting attorney or the CA A…
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Subpoenas and Depositions

  • Subpoenas
    The CA AG can issue subpoenas but must comply with the California Constitution and the United States Constitution. The CA AG must serve subpoenas following the process provided for the service of a summons (see, Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of t…
  • Depositions
    The CA AG may depose persons residing within or without California by filing a petition in the Superior Court in the County of Sacramento reciting: 1. the nature of the matter pending, 2. the name and residence of the person whose testimony is desired, and 3. asking that an order be m…
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