1Dear [FIRSTNAME], I hope everyone had a great weekend.

I want to announce that this issue is a milestone issue as it has been one year since I started this weekly legal newsletter! The topic of the newsletter this week is the use of a notice to appear at trial or hearing and produce documents in California, more commonly known as a notice in lieu of subpoena duces tecum. The notice is given pursuant to Code of Civil Procedure § 1987(b) and (c) and can only be used on a party to the civil action or proceeding, or someone who is an officer, director, or managing agent of any such party. One of the main advantages of using the notice to appear is that service may be made by mail, instead of personal service as is required with a standard subpoena. --------------Reminder: THE AUTHOR NOW SELLS COLLECTIONS OF SAMPLE LEGAL DOCUMENTS AT A HUGE DISCOUNT! VISIT THE WEBSITE BELOW FOR MORE INFORMATION. http://www.scribd.com/legaldocspro --------------But the best advantage of all is the fact that even a party who has failed to request certain essential or critical documents during the discovery phase of the litigation process, and the existence of those documents is known, and the documents can be clearly identified, that party can prepare and serve the notice on the other party to compel them to appear and produce the requested documents at the trial or hearing. Even a party who has missed the discovery cut-off date for requesting certain documents can still compel production of those documents, provided that they can identify the requested documents with reasonable particularity. If only the attendance of the person as a witness is required, then service may be made personally at least ten (10) calendar days before the trial or hearing, or fifteen (15) calendar days before the trial or hearing if service is made by mail. Service should be made on the party, or their attorney if they have one. If production of documents is required, then service may be made personally at least twenty (20) calendar days before the trial or hearing, or twenty five (25) calendar days before the trial or hearing if service is made by mail. Service should be made on the party, or their attorney if they have one. The notice should state the exact materials or things desired, as well as a statement that the person has them in their possession, or under their control. The giving of the notice shall have the same effect as service of a subpoena on the witness, and

the parties shall have those rights and the court may make those orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court. See Code of Civil Procedure § 1987(b). In the opinion of the author, the notice in lieu of subpoena duces tecum is an important tool that is underutilized in California litigation. Subscribers who would like to view a portion of a sample notice to appear at trial and produce documents for California that is sold by the author can use the link shown below. http://www.scribd.com/doc/25608925/Sample-Notice-to-Appear-at-Trial-for-California If you enjoy this newsletter, tell others about it. They can subscribe by visiting the following link: http://www.legaldocspro.net/newsletter.htm It would be greatly appreciated if you would visit the website at http://www.legaldocspro.net and give it a like with Google + if possible. Have a great week and thanks for being a subscriber. Yours Truly, Stan Burman The author of this newsletter, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995, and recently relocated to Asia. Copyright 2013 Stan Burman. All rights reserved. DISCLAIMER: Please note that the author of this newsletter, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this newsletter is NOT intended to constitute legal advice. These materials and information contained in this newsletter have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this newsletter is not intended to create, and receipt does not constitute, any business relationship between the sender and receiver. Subscribers and any other readers should not act upon this information without seeking professional counsel.