What if I have no records to produce as described in the Subpoena?

A named individual (responder) is only obligated to produce documents which exist and are already under his/her custody and control. You are not required to create documents that do not exist, or to procure documents not in your or your department’s possession or control. If the documents called for do not exist or are not in the possession or control of the individual subpoenaed, the responder should notify the subpoenaing party of this fact in writing. Subpoenas may attach an "Affidavit of No Records" that can be completed by the custodian if in fact no responsive records exist under the custodian's control. If such an affidavit of no records is not attached to the subpoena and you need to submit it, contact OLA for a form of affidavit that can be signed and submitted to the requesting party or to the court declaring that no records exist that are not responsive to the subpoena's request.

Address

Office of the Chancellor
University of California, Berkeley
200 California Hall # 1500
Berkeley, CA 94720-1500

Phone (510) 642-7464