What should I do if I receive a deposition subpoena for an employee’s employment records?

A deposition subpoena is generated routinely during the process of a civil lawsuit to obtain information about the opposing party. It is likely that your employee is either suing or being sued in a California superior court.

Although the document is issued by an attorney and not a court, the party receiving the subpoena must provide the records requested, provided the subpoena was properly issued and no objection was filed by the employee whose records are being sought.

The party seeking the records must provide the employee or their attorney with a copy of the subpoena at least five days before it is served on the employer. The party serving the