Driver Safety Information Subpoena for DMV Hearings

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Where can I obtain information about Driver Safety Administrative Hearings?

You can find the guide to Driver Safety Administrative Hearings here.

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

  • California Vehicle Code Sections 24.5, 14104.5
  • Code of Civil Procedure Sections 1878, 1985-1987, 2034.210-2034.310, 2065
  • Evidence Code Section 1563
  • Government Code Sections 11514, 11450.05-11450.40, 68093, 68097.1 and 68097.2

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Where can I obtain information, instructions, and forms for a subpoena or subpoena duces tecum?

Follow the links below:

You may also request the form from your local Driver Safety Field Office

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What is a declaration and when is it required with the subpoena?

A declaration is an oral statement, a deposition, or an affidavit.  The declaration is required when it is demanded by the other party. (Code of Civil Procedure Section 2034.210-2034.310)

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How do I properly serve a subpoena or subpoena duces tecum?

Before a hearing begins, the subpoena or subpoena duces tecum is sent first class mail, to request the attendance of a party or attendance of production of documents at the hearing.  (California Vehicle Code Section 14104.5 and Government Code Section 11450.20)

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What fees must I pay if I subpoena a law enforcement officer, an employee of a governmental forensic laboratory, or any witness of a public agency for the performance of any “official service?”

A deposit of $150 must be paid to the public agency that employs the witness to compensate for the witnesses’ salary and traveling expenses.  If the actual expenses prove to be more than the amount deposited, you are responsible to pay the difference. (Government Code 68097.1 and 68097.2)

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I want to obtain copies of records held by another agency. How do I get them?

You may request documents from an agency before your hearing.

You may also subpoena records from an agency to be produced at your hearing.  A subpoena duces tecum means “bring with you under penalty of law” and compels an agency to bring records that they have and to verify to DMV that the documents or records have not been altered.  The agency may do this by declaration or by direct testimony, as you require

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

Yes, You may request payment in advance of the hearing from the party at whose request the subpoena or subpoena duces tecum is issued, pursuant to Government Code Sections 11450.05 and 11450.50.

A witness is entitled to receive payment for mileage and other fees from the party who requested the witness.  This subdivision does not apply to an officer or employee of the state or public agency of the state pursuant to Code of Civil Procedure Section 1878 and Government Code Sections 11450.40 and 68093.

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