PRODUCTION OF DOCUMENTS, DEPOSITIONS & SUBPOENAS DIVORCE CALIFORNIA - VIDEO #58 (2021)

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Eighth video in an 11 part series of tutorial videos on how to handle a contested divorce case in California. In this video, we explain how to use Request for Production of documents, depositions, and subpoenas to prepare for settlement and/or trial.

You can compel your spouse to produce documents that are in his or her possession or under his or her control by sending your spouse a “Request for Production of Documents”. For example, you may want your spouse to produce copies of their pay stubs, retirement plan documents, credit card statements, loan applications, check register book, bank statements, etc.

There is no Judicial Council form for a “Request for Production of Documents”. If you want to send your spouse a Request For Production of Documents, you will need to draft this document yourself.
We offer various discovery documents in a template form, including a Request For Production of Documents template. The templates will print on 28-line pleading paper.


A deposition is when you have your spouse or a third party sit in front of you and answer whatever questions you want to ask. The “deponent” is under oath. You hire a stenographer that attends the deposition. The stenographer places the deponent under oath and then types up every word that is said during the deposition. You can also compel your spouse or a third party deponent to bring documents that are in their possession or under their control with them to the deposition so you can ask questions about the documents. A few weeks after the deposition, the stenographer gives you a transcript of the deposition. You pay the stenographer for appearing at the deposition and you pay the stenographer for the original transcript and a copy of the transcript. The cost of the transcript is going to depend on how many pages make up the transcript. You are billed per page.
If you want to take your spouse’s deposition, you need to send your spouse a “Notice of Taking Deposition” specifying the date, time, and place of the deposition and describing any documents you want your spouse to bring to the deposition.


If you want to depose a third party, you not only have to send your spouse a “Notice of Taking Deposition” letting your spouse know you intend to take the deposition of a third party, but you also have to serve the third party with a deposition subpoena to compel them to attend the deposition. The type of deposition subpoena you use is called “Deposition Subpoena For Personal Appearance”, which is SUBP-015.

If you Google “court reporting services” you will be able to find deposition stenographers in your area. Most court reporting companies will provide not only a stenographer, but also a conference room where you can take the deposition if you use their stenographer.

If there are records or documents that you need in order to prepare your case for trial, but the records or documents are not in the possession of your spouse, but in the possession of a third party , you can get the records by using a subpoena. You use a “Deposition Subpoena For Production Of Business Records”. This type of subpoena is used to compel a third party to produce copies of documents or other materials. If you Google, “subpoena preparation services”, you should be able to find a company that will help you draft the subpoena, serve the subpoena, provide required consumer notices, and obtain copies of the documents you want from the third party. We recommend that you not attempt to draft and use this type of subpoena yourself. Use a subpoena preparation services company. It is a lot easier than doing it yourself.

A number of formal discovery documents are not Judicial Council forms. Special Interrogatories; Request For Production of Documents; Notice of Taking Deposition; etc. These documents are not Judicial Council forms. You have to draft these documents yourself.


We offer, for a nominal charge, the following sample formal discovery documents in a template form:

1. Notice of Taking Deposition.
2. Request For Production.
3. Special Interrogatories.
4. Attachment #1 for a Request For Admissions and Attachment #2 for a Request For Admissions.

Our package includes a sample of each document. You get all four documents for one nominal charge. You will need to type over certain information on our sample forms, inserting your own name, address, phone number, case caption, case number, and other information specific to your case. You can edit any and all of our sample forms.