California OAH special education order · January 21, 2020
Order Finding Motion to Quash Subpoena Moot
OAH Case No. 2019100201 · ALJ Elsa H. Jones
OAH found Poway Unified's motion to quash Student's subpoena for browser history moot. The hearing had been continued, and Student had already served a new, similar subpoena for the same records.
Summary
Poway Unified moved to quash a December 13, 2019 subpoena duces tecum in which Student sought Student's browser history for a specified internet account. The district argued the subpoena had no production date and was not supported by specific facts showing the records were reasonably necessary. Student did not oppose. OAH found the motion moot because the hearing was later continued and Student served a similar subpoena for the same documents on January 6, 2020, so the earlier subpoena was unenforceable and did not need a response.
Why it matters
A subpoena tied to hearing dates that are later continued, or replaced by a newer subpoena, can become unenforceable. Parties should serve subpoenas that include a production date and specific facts showing the records are needed, and should re-serve them when hearing dates change.
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.
POWAY UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019100201
ORDER FINDING MOTION TO QUASH SUBPOENA MOOT
On October 2, 2019, Student and Parent, collectively referred to as Student, filed a request for due process naming Poway Unified School District. An order granting a continuance was issued on October 23, 2019. Student’s motion to amend the complaint was granted on November 26, 2019, which resulted in the issuance of a new scheduling order setting the case for hearing on January 22 and January 23, 2020. An order granting a continuance of those hearing dates was issued on January 7, 2020. The case is currently scheduled for hearing on March 3 through March 5, 2020.
On December 13, 2019, Student served a subpoena duces tecum on Poway Unified, seeking Student’s browser history of a specified internet account with respect to the then-pending hearing dates of January 22 and January 23, 2020. On December 18, 2018, Poway Unified filed a motion to quash the subpoena duces tecum on the grounds that the subpoena contained no date for production, and it was not supported by specific facts demonstrating that production of the documents was reasonably necessary for Student to present his case. Student filed no opposition to the motion.
Both the subpoena duces tecum and the motion to quash were filed or served prior to the second order granting a continuance of the hearing.
The motion is moot. The hearing was continued since the motion was filed, and the docket shows that Student issued a similar subpoena duces tecum for the same documents on January 6, 2020. The subpoena duces tecum served on December 13, 2019, which is the subject of Poway Unified’s motion to quash, has been superseded by both another subpoena duces tecum and by events, and is moot. The subpoena duces tecum which is the subject of the motion to quash is unenforceable and need not be responded to.
IT IS SO ORDERED.
DATED: January 21, 2020 Elsa H. Jones Administrative Law Judge Office of Administrative Hearings