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§ 2679. Witness Obligation to Comply.

15 CA ADC § 2679Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 2. Board of Parole Hearings
Chapter 6. Parole Revocation
Article 5. Subpoenas
15 CCR § 2679
§ 2679. Witness Obligation to Comply.
(a) General. A person is obliged to attend a parole revocation or parole rescission hearing as a witness pursuant to a subpoena or a subpoena duces tecum at any place within the county of the person's residence and at any place outside the county of residence which is less than 50 miles from the person's residence. Witnesses shall be paid fees and mileage at the rate provided in Government Code Section 68093.
(b) Custodian of Records.
(1) General. The custodian of records may, upon receiving a subpoena duces tecum, mail a true, legible, and durable copy of all the records described in the subpoena duces tecum. The records shall be accompanied by the affidavit of the custodian.
(2) Affidavit of Custodian. The affidavit shall state that the affiant is the custodian of the records and is authorized to certify the records; that the copy is a true copy of the records described in the subpoena duces tecum; and that the records were prepared in the ordinary course of business.
If the custodian has none or only part of the records described in the subpoena duces tecum, the custodian shall mail the affidavit and the available records.
(3) Attendance Required. The custodian of records shall attend the hearing and produce original records only when the subpoena duces tecum contains a clause to that effect.
(c) Failure to Comply. If a witness fails to comply with a subpoena or a subpoena duces tecum, the board may petition the Superior Court in the county in which the hearing is pending for an order compelling compliance.


Note: Authority cited: Section 5076.2, Penal Code. Reference: In re Carroll, 80 Cal.App. 3d 22 (1978).
This database is current through 11/24/23 Register 2023, No. 47.
Cal. Admin. Code tit. 15, § 2679, 15 CA ADC § 2679
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