California OAH special education order · September 30, 2019
Order Denying Newport-Mesa Unified School District's Motion to Quash Subpoena Duces Tecum
OAH Case No. 2019060909 · ALJ Judith Pasewark
OAH denied Newport-Mesa's motion to quash Student's records subpoena as moot because the hearing was continued and the subpoena was not extended to the new hearing date.
Summary
Newport-Mesa Unified School District moved to quash a subpoena duces tecum that Student served on its custodian of records for documents for an October 8, 2019 hearing. Student did not oppose. OAH had since continued the hearing to October 29, 2019, and Student's subpoena was not extended to the new date. OAH found the motion moot and denied it without prejudice.
Why it matters
A subpoena duces tecum tied to a hearing date may lapse when the hearing is continued. Parties who want the records should reissue or extend the subpoena for the new date.
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
IN THE MATTER OF:
PARENT ON BEHALF OF STUDENT,
v.
NEWPORT-MESA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019060909
ORDER DENYING NEWPORT-MESA UNIFIED SCHOOL DISTRICT’S
MOTION TO QUASH SUBPOENA DUCES TECUM
On September 25, 2019, Newport-Mesa Unified School District filed a Motion to Quash the subpoena duces tecum served on its custodian of records on September 19,
2019. The subpoena duces tecum requested production of documents for the due
process hearing on October 8, 2019. OAH received no opposition from Student.
On September 30, 2019, OAH continued the due process hearing in this matter to October 29, 2019. Student’s subpoena duces tecum was not extended to the new hearing date. Therefore, Newport-Mesa Unified School District’s Motion to Quash is moot.
ORDER
Newport-Mesa Unified School District’s Motion to Quash the subpoena duces tecum is denied without prejudice.
DATED: September 30, 2019 Judith Pasewark Administrative Law Judge Office of Administrative Hearings