If a witness is on the list below, a Notice to Consumer (NTC) is required.
Doctors/Medical
Physician, dentist, ophthalmologist, optometrist, chiropractor, physical therapist, acupuncturist, podiatrist, psychotherapist, veterinarian, veterinary hospital, veterinary clinic, pharmacist, pharmacy, hospital, medical center, clinic, radiology or MRI center, clinical or diagnostic laboratory
State or Local Government Agency (Defined in Gov Code 6252)
Non-public information maintained by an agency that identifies or describes an individual, including, but not limited to, name, SSN, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by or attributed to the individual.
Bank or Financial Provider
State or national bank, federal association, federal credit union, trust company, anyone authorized by this state to make or arrange loans that are secured by real property, security brokerage firm, insurance company, accountant, institution of the Farm Credit System
Real Estate
Title insurance company, underwritten title company, escrow agent licensed or exempt from licensure
Schools
Private or public preschool, elementary school, secondary school, or postsecondary school
Employers & Labor Organizations
Telephone corporation
Note: A subpoena for personal records maintained by a telephone corporation that is a public utility shall not be valid or effective unless it includes a consent to release, signed by the consumer whose records are requested, as required by Section 2891 of the Public Utilities Code.
Attorney
There are occasional subpoenas that do not constitute consumer or employment records. Out of an abundance of caution, always include an NTC to avoid processing delays by the witness. Unless you have a strict deadline and you’re seeking records of an entity rather than an individual, you may be able to omit the NTC. However, you’ll still have to notify the opposing party, AND the subpoena must be issued 20 days before the production date rather than 15 days prior.
“Consumer” does not include a corporation or limited liability company. It includes only individuals, a partnership of five or fewer persons, an association, or a trust that has transacted business with or has used the services of the witness or for whom the witness has acted as agent or fiduciary.
Please keep in touch if you need any additional subpoena help, and have a great week!