§ 2020.430.Delivery of copy of records and affidavit to deposition officer;

Once a records-only subpoena is served, this section governs the mechanics of getting the records into the deposition officer's hands. The custodian or other qualified person delivers, in person, by messenger, or by mail, a true and legible copy of the records along with an affidavit meeting the Evidence Code's requirements, sending both only to the deposition officer named in the subpoena. If delivery goes to the officer's own office, the records have to be sealed and addressed the way the Evidence Code specifies.

If instead delivery happens at the business's own office, the custodian has a choice: let the deposition officer copy the original records during normal business hours, or hand over a copy directly on payment of the reasonable copying costs, itemized as the Evidence Code requires, in which case no sealed envelope is needed. Records generally can't be delivered to the deposition officer before the date and time the subpoena specifies, unless the parties, and the consumer if the records concern one, agree to an earlier date, and the subpoena itself must carry a boldface warning against releasing records early. The section carves out an exception when the subpoena instead directs inspection or copying at the witness's own business address, and it confirms that the custodian's affidavit is admissible the same way the Evidence Code's general records-affidavit provision allows.