Notice to employee of subpoena for employment records: before production date

10 days before date for production specified in the subpoena duces tecum, under Cal. Code Civ. Proc. 1985.6(b)(2).

Rule text

Not less than 10 days prior to the date for production specified in the subpoena duces tecum, plus the additional time provided by Section 1013 if service is by mail.

Cal. Code Civ. Proc. 1985.6(b)(2), official source

Calculate this deadline

Deadline
Tuesday, October 27, 2026
  1. Trigger (Date for production specified in the subpoena duces tecum): Friday, November 6, 2026.
  2. Count back 10 calendar days: Tuesday, October 27, 2026.
Rules applied
Cal. Code Civ. Proc. 1985.6(b)(2)
Not less than 10 days prior to the date for production specified in the subpoena duces tecum, plus the additional time provided by Section 1013 if service is by mail.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."
Official source
  • Must ALSO satisfy employee_records_notice_before_custodian_service. Electronic-service add-on not addressed (AMBIGUITY). Not required when the employee is the subpoenaing party and only subject (1985.6(k)).
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date for production specified in the subpoena duces tecum on Monday, March 15, 2027, personal service: due Friday, March 5, 2027.

  1. Trigger (Date for production specified in the subpoena duces tecum): Monday, March 15, 2027.
  2. Count back 10 calendar days: Friday, March 5, 2027.

Notes

Must ALSO satisfy employee_records_notice_before_custodian_service. Electronic-service add-on not addressed (AMBIGUITY). Not required when the employee is the subpoenaing party and only subject (1985.6(k)).

Related deadlines

All California civil deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.