Legal DMV Subpoena Form

LEGAL DMV SUBPOENA FORM

IN THE Case No. . Plaintiff/Petitioner: vs. Defendant/Respondent: .

Issued by: (Bar/ID No.: ). To: Custodian of Records, Department of Motor Vehicles, Office/Unit: .

RECITALS

WHEREAS, the issuing party is a party to the above-captioned matter and requires certain records and information in the possession, custody, or control of the Department of Motor Vehicles for use in the prosecution, defense, or adjudication of the matter identified above; and

WHEREAS, the issuing party is authorized under the procedural rules and the authority of the issuing court to compel production of documentary evidence and sworn certification by custodians of public records; and

WHEREAS, the Department of Motor Vehicles maintains records relevant to the matters described herein and is the appropriate custodian to produce said records or to provide testimony regarding their authenticity and maintenance;

NOW THEREFORE, pursuant to the authority granted to the issuing court and the rights of parties to obtain evidence, IT IS HEREBY ORDERED AND SUBPOENAED that the Department of Motor Vehicles produce and/or permit inspection and copying of the records described below and, if requested, appear to give testimony as specified herein.

1. DEFINITIONS

For purposes of this Subpoena, "records" means all documents, files, electronic data, images, photographs, registration records, driver license records, driving history, correspondence, and other material maintained by the Department of Motor Vehicles that relate to the individual or vehicle identified in Section 3 below.

2. RECORDS TO BE PRODUCED

The Custodian of Records is commanded to produce the following records for the subject(s) identified:

Subject Name:

Date of Birth: Month Day Year

Driver License Number: Vehicle VIN:

Records requested (check applicable and provide identifying information when requested):

Driver history and abstract, including all conviction and accident records, for the period from Month Day Year to Month Day Year

Vehicle registration and title records for VIN

Photographs and images associated with license or registration (including photograph dates if maintained).

Other (specify below):

3. TIME, PLACE, AND MANNER OF PRODUCTION

The Custodian is commanded to produce the requested records at the following location:

Return/Production Deadline: on or before Month Day Year at .

4. METHOD OF PRODUCTION; CERTIFIED COPIES

The Custodian shall produce records in the form maintained by the Department unless redaction is required by law. The requesting party may request certified copies or electronic copies as indicated below.

Certified copies required (to be accompanied by the Custodian's certification under penalty of perjury).

Electronic copies preferred. If electronic delivery is acceptable, provide delivery instructions:

5. FEES, PAYMENT, AND COSTS

The Department may impose reasonable statutory or administrative fees for search, duplication, certification, and redaction. The requesting party shall be responsible for payment of lawful fees unless otherwise ordered by the court. The requesting party agrees to the following:

The requesting party will pay fees; billing contact:

6. CUSTODIAN CERTIFICATION

The Custodian of Records is required to execute a certification attesting to the authenticity of the produced records, the method by which they are maintained, and whether any portion has been withheld or redacted and the legal basis for such withholding or redaction.

7. CONFIDENTIALITY, REDACTION, AND PROTECTIVE MEASURES

If any produced records contain information protected by privacy laws or otherwise confidential material, the Custodian may redact such information and shall identify the statutory or other legal authority for the redaction in the certification. The requesting party may seek a protective order from the court for handling confidential information. The Department is authorized to withhold information as required by law and to provide a redacted copy where appropriate.

8. SERVICE, NOTICE, AND CONTACT

Service of this Subpoena shall be made upon the Custodian of Records at the Department of Motor Vehicles office specified above. Notice to the requesting party regarding the production, estimated fees, or any objections shall be directed to:

9. ENFORCEMENT AND PENALTIES

Failure to comply with this Subpoena without lawful excuse may subject the Custodian to sanctions, contempt proceedings, and other remedies available under applicable law. The Custodian may timely object to any portion of this Subpoena by providing written notice setting forth the grounds for objection and may apply to the issuing court for protective relief.

10. MISCELLANEOUS PROVISIONS

Governing Law: This Subpoena shall be governed by the laws and procedural rules of the jurisdiction of the issuing court.

Entire Agreement: This Subpoena, together with any attachments or schedules, constitutes the entire directive from the issuing authority with respect to the records requested and supersedes any prior oral or written instructions.

Severability: If any provision of this Subpoena is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: Any amendment or waiver of any provision of this Subpoena must be in writing and signed by the issuing authority. No waiver of any breach will constitute a waiver of any other breach.

11. ACKNOWLEDGMENT OF RECEIPT

The Custodian or authorized representative must acknowledge receipt of this Subpoena and either comply by the date specified or serve written objections as provided above.

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