California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 2 - New Motor Vehicle Board
Article 1 - Administration
Section 551.2 - Subpoenas; Motion to Quash
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Upon the written request of any party that has been properly served on the opposing party or parties, the executive director or an administrative law judge designated by the board or its executive director may, and at the direction of the board the executive director shall, issue a subpoena for the attendance of any person before the board, for the attendance and testimony of a deponent, or a subpoena duces tecum for the production of papers, records, books, and electronically stored information by a witness or a deponent.
(b) The issuance of a subpoena for the attendance and testimony of a witness or for a subpoena duces tecum for the production of papers, records, books, and electronically stored information for hearing shall be governed by the requirements set forth in Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure, excepting the provisions of subdivision (c) of Section 1985, of that code. A copy of an affidavit shall be served with a subpoena duces tecum for hearing containing the information required by Code of Civil Procedure Section 1985(b).
(c) The issuance of a subpoena for the attendance and testimony of a non-party deponent or for a subpoena duces tecum for the production of papers, records, books, and electronically stored information for deposition of a non-party shall be governed by the requirements set forth in Chapter 1 (commencing with Section 2016.010) of Title 4 of Part 4 of the Code of Civil Procedure, excepting the provisions of Section 2020.210, subdivisions (a) and (b) of that code. A subpoena dues tecum issued to a non-party deponent need not be accompanied by an affidavit or declaration showing good cause for the production of the business records designated in it.
(d) Following service of the original subpoena upon the witness or deponent, a copy of the subpoena and an original or copy of the executed proof of service shall be filed with the board.
(e) A motion to quash pursuant to Government Code section 11450.30 shall be made in compliance with Article 1, section 551.19. The motion shall be made within a reasonable time after receipt of the subpoena. The person bringing the motion shall serve copies of the motion on all parties. Notice to all other persons entitled to such notice must also be given or received as may be required by law.
1.
Renumbering of former Section
579 to Section 551.2 filed
10-16-89; operative 11-15-89 (Register 89, No. 44). For prior history, see
Register 79, No. 28.
2. Amendment filed 10-9-98; operative 11-8-98
(Register 98, No. 41).
3. Change without regulatory effect amending
subsection (a) filed 12-31-2003 pursuant to section
100, title 1, California Code of
Regulations (Register 2004, No. 1).
4. Change without regulatory
effect amending subsection (c) filed 8-24-2005 pursuant to section
100, title 1, California Code of
Regulations (Register 2005, No. 34).
5. Amendment of section
heading, section and NOTE filed 2-24-2011; operative 3-26-2011 (Register 2011,
No. 8).
6. Amendment of subsections (a) and (d) filed 10-21-2015;
operative 1-1-2016 (Register 2015, No. 43).
Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3050.1(a), Vehicle Code; and Section 11450.30, Government Code.
