The California Notice Consumer form serves as a crucial document in legal proceedings, specifically designed to inform consumers or employees when their records are requested for examination. This form outlines the necessary steps for individuals to object to the production of their records, ensuring that their rights to privacy are upheld. To take action, please fill out the form by clicking the button below.
The California Notice Consumer form serves as a crucial document in legal proceedings, ensuring that consumers or employees are informed about requests for their records. This form is utilized in situations where a party seeks access to personal records, thereby upholding the rights of individuals involved. Key components of the form include the identification of the requesting party and the specific records sought, as well as clear instructions for consumers on how to respond if they wish to object to the production of these records. Notably, the form outlines two distinct paths for objection: one for parties directly involved in the legal action and another for non-parties. It emphasizes the importance of timely communication, warning that failure to object before the specified date may result in the release of records. Additionally, the form encourages individuals to seek legal counsel to understand their privacy rights, highlighting the necessity of informed participation in legal matters. By providing a structured process for objections and a proof of service section, the California Notice Consumer form aims to balance the needs of legal proceedings with the protection of individual privacy.
SUBP-025
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
TELEPHONE NO.:
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/ PETITIONER:
CASE NUMBER:
DEFENDANT/ RESPONDENT:
NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
(Code Civ. Proc., §§ 1985.3,1985.6)
NOTICE TO CONSUMER OR EMPLOYEE
TO (NAME):
1.PLEASE TAKE NOTICE THAT REQUESTING PARTY (NAME):
SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (specify date):
The records are described in the subpoena directed to witness (specify name and address of person or entity from whom records are sought):
A copy of the subpoena is attached.
2.IF YOU OBJECT to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED. IN ITEM a. OR b. BELOW:
a.If you are a party to the above-entitled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to quash or modify the subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena at least five days before the date set for production of the records.
b.If you are not a party to this action, you must serve on the requesting party and on the witness, before the date set for production of the records, a written objection that states the specific grounds on which production of such records should be prohibited. You may use the form below to object and state the grounds for your objection. You must complete the Proof of Service on the reverse side indicating whether you personally served or mailed the objection. The objection should not be filed with the court. WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY BE PRODUCED AND MAY BE AVAILABLE TO ALL PARTIES.
3.YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing to cancel or limit the scope of the subpoena. If no such agreement is reached, and if you are not otherwise represented by an attorney in this action, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF
REQUESTING PARTY
ATTORNEY)
1.
2.
OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS
I object to the production of all of my records specified in the subpoena. I object only to the production of the following specified records:
3.The specific grounds for my objection are as follows:
(SIGNATURE)
(Proof of service on reverse)
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Form Adopted for Mandatory Use
Code of Civil Procedure,
Judicial Council of California
§§ 1985.3. 1985.6,
SUBP-025 [Rev. January 1, 2008]
2020.010–2020.510
www.courtinfo.ca.gov
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
Personal Service
Mail
1.At the time of service I was at least 18 years of age and not a party to this legal action.
2.I served a copy of the Notice to Consumer or Employee and Objection as follows (check either a or b):
a.
Personal service. I personally delivered the Notice to Consumer or Employee and Objection as follows:
(1)
Name of person served:
(3)
Date served:
(2)
Address where served:
(4)
Time served:
b.
Mail. I deposited the Notice to Consumer or Employee and Objection in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows:
(1) Name of person served:
(2) Address:
(5)I am a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed.
c.My residence or business address is (specify):
d.My phone number is (specify):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
(TYPE OR PRINT NAME OF PERSON WHO SERVED)
(SIGNATURE OF PERSON WHO SERVED)
PROOF OF SERVICE OF OBJECTION TO PRODUCTION OF RECORDS
2.I served a copy of the Objection to Production of Records as follows (complete either a or b): a. ON THE REQUESTING PARTY
Personal service. I personally delivered the Objection to Production of Records as follows:
(i) Name of person served:
(iii) Date served:
(ii) Address where served:
(iv) Time served:
Mail. I deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows:
(i) Name of person served: (ii) Address:
(v)I am a resident of or employed in the county where the Objection to Production of Records was mailed. b. ON THE WITNESS
(v)I am a resident of or employed in the county where the Objection to Production of Records was mailed.
3.My residence or business address is (specify):
4.My phone number is (specify):
Page 2 of 2
Filling out the California Notice Consumer form requires careful attention to detail. This form is essential for notifying consumers or employees about the request for their records. Completing it accurately ensures that all parties are informed and that any objections can be properly filed.
What is the California Notice Consumer form?
The California Notice Consumer form, also known as SUBP-025, is a legal document used to notify a consumer or employee that their records are being sought in a legal action. This form outlines the rights of the individual regarding the production of their records and provides instructions on how to object to the request.
Who needs to fill out this form?
This form is typically filled out by the requesting party, such as an attorney, who seeks access to a consumer's or employee's records. It is essential for the requesting party to provide accurate information about the case and the records being requested.
What should I do if I object to the production of my records?
If you object to the production of your records, you must take action before the specified date in the notice. If you are a party to the case, file a motion to quash or modify the subpoena. If you are not a party, serve a written objection to both the requesting party and the witness, stating your specific grounds for objection.
What happens if I do not respond to the notice?
If you fail to respond by the specified date, your records may be produced and accessible to all parties involved in the legal action. This could compromise your privacy and the confidentiality of your information.
Can I reach an agreement with the requesting party regarding my records?
Yes, you or your attorney can contact the requesting party to discuss the possibility of reaching an agreement to cancel or limit the scope of the subpoena. It is advisable to do this as soon as possible to protect your interests.
Is it necessary to consult an attorney?
If you are unsure about your rights or how to proceed after receiving this notice, it is strongly recommended to consult an attorney. An attorney can provide you with the necessary guidance to navigate this process effectively.
What information is included in the form?
The form includes details such as the names of the parties involved, the case number, the specific records being requested, and instructions for filing objections. It also contains a proof of service section to confirm that the notice has been properly served.
How can I submit my objection?
You can submit your objection either by personal service or by mail. If you choose to mail your objection, ensure it is sent in a sealed envelope with proper postage. You must also complete the proof of service section to confirm that the objection was served correctly.
When filling out the California Notice Consumer form, individuals often encounter several common mistakes that can complicate the process. One significant error is failing to provide complete and accurate information. This form requires specific details about the parties involved, including names, addresses, and case numbers. Omitting any of this information can lead to delays or even the rejection of the objection.
Another frequent mistake is misunderstanding the deadlines associated with the form. The instructions clearly state that objections must be submitted before the specified date for production of records. Many people overlook this critical timeline, which can result in their records being produced without their consent. It is essential to carefully note the deadline and ensure that all objections are filed on time.
Additionally, individuals sometimes neglect to properly serve their objections. The form outlines specific requirements for serving the objection, either through personal delivery or mail. Failing to follow these guidelines can invalidate the objection. It is crucial to ensure that the objection is served to both the requesting party and the witness, as indicated in the instructions.
Lastly, some individuals may not fully understand their rights regarding privacy and the production of records. The form advises consulting an attorney if there are questions about privacy rights. Ignoring this advice can lead to uninformed decisions that may negatively impact one's privacy. Seeking legal counsel can provide clarity and help individuals navigate the complexities of the legal process.
The California Notice to Consumer form is an important document that informs individuals about the request for their records in a legal proceeding. Several other forms and documents are often used in conjunction with this notice to ensure compliance with legal procedures and to protect the rights of the individuals involved. Below are descriptions of four such documents.
Understanding these accompanying documents is crucial for individuals who receive a California Notice to Consumer form. Each plays a specific role in the legal process, helping to safeguard individual rights while ensuring that legal procedures are followed. It is advisable to consult with a legal professional if there are any questions or concerns regarding these forms.
The California Notice Consumer form serves a specific purpose in legal proceedings, particularly concerning the rights of consumers and employees regarding their records. Several other documents share similarities with this form in terms of their function and intent. Here are six such documents:
When filling out the California Notice Consumer form, consider the following guidelines:
Understanding the California Notice Consumer form can be challenging, and several misconceptions may arise. Here are some common misunderstandings explained to help clarify the purpose and process associated with this form.
This form is used by both attorneys and parties involved in a legal action. It is essential for anyone whose records are being requested, regardless of their legal representation status.
Many believe that objections must be filed with the court. However, the objection should be served on the requesting party and the witness, not filed with the court.
Ignoring the notice is not advisable. If you do not respond before the specified date, your records may be produced without your consent.
If you file a valid objection, it can prevent the production of your records. It is crucial to state specific grounds for your objection to protect your privacy.
This notice applies to both consumers and employees. If you are an employee whose records are being requested, you have the same rights to object.
In fact, you or your attorney can reach out to the requesting party to discuss the possibility of limiting the scope of the subpoena.
While legal forms can seem daunting, the California Notice Consumer form is designed to be straightforward. Clear instructions are provided to guide you through the process.
Although consulting a lawyer is advisable, especially for complex situations, individuals can file objections on their own if they understand the process.
The deadline for submitting an objection is strict. It is essential to ensure that your objection is served before the date specified in the notice to avoid any unwanted production of records.
Being informed about these misconceptions can empower you to take appropriate action if you receive a California Notice Consumer form. Understanding your rights and the process is crucial for protecting your privacy.
When dealing with the California Notice Consumer form, it is essential to understand several key points to ensure proper handling of your rights and responsibilities.
Being informed about these aspects can help protect your privacy and ensure that your rights are upheld during legal proceedings.