California OAH special education order · December 9, 2021
Order Requiring Parties to File a Copy of the Disputed Subpoena Duces Tecum With OAH
OAH Case No. 2021110737, 2021100357 · ALJ Theresa Ravandi
OAH ordered both parties to file the disputed subpoena by December 10, 2021, before ruling on Pleasanton's motion to quash, because neither side had given OAH a copy.
This case went to decision
Student v. Pleasanton Unified School District: Pleasanton Unified denied FAPE by lacking a complete, signed IEP; must reimburse private services, less amounts already paid, and train staff. (2022)
Summary
Pleasanton moved to quash Student's subpoena duces tecum to its Custodian of Records. The motion had no supporting declaration and did not attach the subpoena. Student opposed but also did not file the subpoena. OAH ordered both parties to file a copy of the subpoena by close of business December 10, 2021, and reminded them to send OAH a copy of every subpoena duces tecum they issue, with the recipient's email address, so OAH can invite the recipient to upload documents into CaseLines.
Why it matters
A motion or opposition about a subpoena should attach the subpoena itself and any supporting declaration, or OAH cannot rule. Parties must also send OAH copies of every subpoena they issue, with the recipient's email, so the recipient can upload records to CaseLines.
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 CONSOLIDATED MATTERS INVOLVING:
PLEASANTON UNIFIED SCHOOL DISTRICT,
and
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2021110737
OAH CASE NUMBER 2021100357
ORDER REQUIRING PARTIES TO FILE A COPY OF THE
DISPUTED SUBPOENA DUCES TECUM WITH OAH
DECEMBER 9, 2021
On December 8, 2021, Pleasanton Unified School District filed a motion to quash subpoena duces tecum to Pleasanton’s Custodian of Records. The motion is not supported by any declaration, and Pleasanton also failed to attach a copy of the disputed subpoena. On December 9, 2021, Student filed an opposition. Student has failed to file a copy of its subpoena duces tecum with OAH.
The parties are hereby ordered to file a copy of the disputed subpoena duces tecum with OAH by close of business on December 10, 2021. The parties are further advised of their duty to send a copy of any subpoena duces tecum the parties issue to OAH and include the email address for the person who is receiving the subpoena so OAH can send them an invitation to upload the requested documents into CaseLines.
IT IS SO ORDERED.
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings