Subpoenas

Minors

(b) (1) If service is to be made on a minor, service shall be made on the minor’s parent, guardian, conservator, or similar fiduciary, or if one of them cannot be located with reasonable diligence, then service shall be made on any person having the care or control of the minor or with whom the minor resides or by whom the minor is employed, unless the parent, guardian, conservator, or fiduciary or other specified person is the defendant, and on the minor if the minor is 12 years of age or older. The person served shall have the obligation of producing the minor at the time and place designated in the subpoena. A willful failure to produce the minor is punishable as a contempt pursuant to Section 1218 of the Code of Civil Procedure. The person served shall be allowed the fees and expenses that are provided for subpoenaed witnesses.

(2) If the minor is alleged to come within the description of Section 300, 601, or 602 of the Welfare and Institutions Code, and the minor is not residing with a parent or guardian, regardless of the age of the minor, service shall also be made upon the designated agent for service of process at the county child welfare department or the probation department under whose jurisdiction the child has been placed.

(3) The court having jurisdiction of the cas

Code of Civil Procedure Section 416.60, which is identical to Penal Code section 1328, says:

A summons may be served on a minor by delivering a copy of the summons and of the complaint to his parent, guardian, conservator, or similar fiduciary, or, if no such person can be found with reasonable diligence, to any person having the care or control of such minor or with whom he resides or by whom he is employed, and to the minor if he is at least 12 years of age.

COMMENT--JUDICIAL COUNCIL Section 416.60 enumerates the persons who may be served on behalf of a minor under 18 years of age. A minor 18 years old or older comes within the general provisions of Section 416.90.

If a minor is at least 12 years old and under 18 years old at the time of service, service is made by delivering a copy of the summons and a copy of the complaint to him. In addition, a copy thereof must be delivered to his parent, guardian, conservator, or similar fiduciary, or, if no such person can be found with reasonable diligence, to any person having care or control of such minor, or with whom he resides, or by whom he is employed, regardless of whether they are within or outside of this state. The double-service requirement in this instance is the same as in the former law, except that the minimum age of minors who must be doubly served has been raised from under 14 to under 18 years, and neither the minor nor his parent, etc., need be a resident of this state. (Compare former Cal.Code Civ.Proc. § 411(3); Cal.Civ.Code § 108; Cal.Prob.Code §§ 1208 and 1461; see Comment, 37 Cal.L.Rev. 92.)

If a minor is under 12 years of age at the time of service, service is made upon his parent or guardian, etc., alone.

Federal agency or agents

Federal agencies will general ignore state subpoenas unless Touhy regulations are complied with. United States ex rel. Touhy v. Ragen (1951) 340 U.S. 462, held that federal agencies may create regulations regarding subpoenas. So each federal agency has their own regulations.

United States Department of Justice

28 CFR 16.21

Drug Enforcement Agency

28 CFR 0.103

Department of Homeland Security, including ICE and CBP

6 CFR 5.41–5.45

DHS is served only through Office of General Counsel at the following address: Office of the General Counsel
United States Department of Homeland Security
Washington, DC, 20258

DHS officials will refuse any service not through the Office of General Counsel.

DHS will specifically accept subpoenas for:

1. Material, including documents, contained in the files of the Department;
2. Information, including testimony, affidavits, declarations, admissions, responses to interrogatories, or informal statements, relating to material contained in the files of the Department or which any Department employee acquired in the course and scope of the performance of his official duties

DHS requires in writing, and with as much specificity as possible, the nature and relevance of the official information sought.

(a) If official information is sought, through testimony or otherwise, by a request or demand, the party seeking such release or testimony must (except as otherwise required by federal law or authorized by the Office of the General Counsel) set forth Where documents or other materials are sought, the party should provide a description using the types of identifying information suggested in § 5.3(b). Subject to § 5.47, Department employees may only produce, disclose, release, comment upon, or testify concerning those matters which were specified in writing and properly approved by the appropriate Department official designated in § 5.44. See United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). The Office of the General Counsel may waive the requirement of this subsection in appropriate circumstances. (b) To the extent it deems necessary or appropriate, the Department may also require from the party seeking such testimony or documents a plan of all reasonably foreseeable demands, including but not limited to the names of all employees and former employees from whom discovery will be sought, areas of inquiry, expected duration of proceedings requiring oral testimony, and identification of potentially relevant documents.

Treasury

26 CFR 301.9000

Department of Interior

43 CFR 2.880

Health and Human Services

45 CFR 2.1 to 2.6.

United States Postal Service

39 CFR 265.13