6-10/620.00 Affidavit in Support of Subpoena

The subpoena duces tecum must be served together with a copy of an affidavit which sets forth the materiality of the subpoenaed records.  (CCP 1985(b), 1987.5)  If an affidavit is not provided, a declaration may be made in support of the subpoena duces tecum.  The declaration is part of the form on page 2.

The subpoenaing party shall retain the original affidavit until the conclusion of the proceeding and shall file it with the court only upon request by any party or witness affected by the subpoena duces tecum. (CCP 1987.5)