A **subpoena duces tecum** is legal process requiring production of specified documents, records, electronically stored information or other things. Depending on the form and procedure used, it may also require a witness to attend and testify. It is not simply another name for every document request. ## In California Family Law Records may be needed to investigate financial or other disputed facts in a family-law case. [[Cal. Code of Civ. Proc. § 1985|Code of Civil Procedure section 1985]] describes subpoenas that require a witness to bring evidence. The requested materials and supporting requirements must fit the applicable procedure. [Form SUBP-002](https://selfhelp.courts.ca.gov/jcc-form/SUBP-002) addresses personal appearance and production at a trial or hearing, including an option that excuses personal attendance if the specified records and declaration are produced. That differs from an attendance-only [[Subpoena|subpoena]]. It also differs from [form SUBP-010](https://selfhelp.courts.ca.gov/jcc-form/SUBP-010), a deposition subpoena commanding only business-record production for copying. ## Records-Only Procedure and Privacy [[Cal. Code of Civ. Proc. § 2020.410|Code of Civil Procedure section 2020.410]] requires a records-only deposition subpoena to identify the requested records and direct it to the custodian or another qualified person. That procedure has its own production timing and certification framework. It should not be used as though it automatically commands courtroom testimony. Where specified consumer personal records are sought, [[Cal. Code of Civ. Proc. § 1985.3|Code of Civil Procedure section 1985.3]] includes advance notice and objection protections, with statutory exceptions. A demand for banking, medical or other protected records is not unrestricted merely because the information could be relevant. Issuance, service, notice, privacy and any objection must be addressed under the applicable rules. Specified employment records have separate notice and objection protections under [Code of Civil Procedure section 1985.6](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1985.6.), with statutory exceptions. [Section 1987.1](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1987.1.) authorizes quashing, modifying or conditioning subpoenas and protective orders under its procedures. A subpoena does not eliminate those rights. ## Example A party seeks a spouse's account records held by a nonparty bank before trial. A properly selected records-only subpoena can seek production through the appropriate copying procedure, with required consumer protections. If the party also needs live testimony at a hearing, that is a separate requirement to address in the process used.