A subpoena is a court-ordered command that requires you to do something, such as present information or testify at a legal hearing. Here you will find all the information you need about how subpoenas are used in DMV hearings and what you should do if you issue or receive one.
Where can I obtain information about Driver Safety Administrative Hearings?
Review the page Driver Safety Administrative Hearings, which will give you more information about the hearings.
What laws should I look at before sending a subpoena or a subpoena duces tecum?
- California Vehicle Code (CVC) §§24.5, 14104.5
- Code of Civil Procedure §§1878, 1985-1987, 2034.210-2034.310, 2065
- Evidence Code §1563
- Government Code §§11514, 11450.05-11450.40, 68093, 68097.1 and 68097.2
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 the other party demands it.Code of Civil Procedure §§2034.210-2034.310
How do I properly serve a subpoena or subpoena duces tecum?
Before a hearing begins, the subpoena or subpoena duces tecum is sent via first class mail to request the attendance of a party or attendance of production of documents at the hearing. (CVC §14104.5 and Government Code §11450.20)
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?”
You must pay a deposit of $150 to the public agency that employs the witness to compensate for the witnesses’ salary and traveling expenses during the hearing. If the actual expenses prove to be more than the amount deposited, you are responsible for paying the difference.Government Code §§68097.1 and 68097.2
I want to obtain copies of records held by another agency. How do I get them?
You can 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 it means an agency must bring relevant records to the hearing, and they must verify to DMV that the documents or records have not been altered. The agency may do this by declaration or by direct testimony (whichever is required).
I have received a subpoena to be a witness in a hearing. Can I be paid?
Yes. Before the hearing, you may request payment from the person who issued the subpoena or subpoena duces tecum.Government Code §§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.Code of Civil Procedure §1878 and Government Code §11450.40 and 68093
Need something else?
If DMV orders a discretionary action against a person’s driving privilege, that person has the right to a hearing before DMV to challenge the action and review the evidence supporting it.
DMV Safety Guidelines & Actions
What does it mean to be a negligent driver? What happens if you get a DUI? Here you will find information about how DMV handles situations like DUIs, fraud, negligence, and more.
Have questions about subpoenas, administrative hearings, or DMV guidelines and actions? Get in touch.