Why are the words “Deposition Subpoena” written on the WC Subpoena Duces Tecum form?
The Labor Code specifically incorporates the procedures for depositions contained in the CCP (starting at section 2016) but normally only official WC forms can be used. The civil courts made up a separate and special Deposition Suboena form but the Workers Compensation systems hasn’t yet done that. The only “official” Subpoena Duces Tecum form is the same form used to get records to trial. Many people confuse the requirements of this form under Deposition rules and mistakenly think that the requirement of CCP 1985 and 1987.5 are in effect. In fact the deposition procedures described in CCP 2020 and 2025 and specifically incorporated by Labor Code 5710 do not have those requirements (Affidavit of Good Cause, describe records exactly, name a specific person, etc.) So Med-Legal types the words “Deposition Subpoena under CCP 2020” right on the Subpoena to help people understand what is really happening, and what requirements must be met.
