Custodian Of Records Section Statement

California may have more current or accurate information. In the event the subpoena is withdrawn or quashed, if those costs are not paid within 30 days after demand therefor, the witness may file a motion in the court in which the action is pending for an order requiring payment, and the court shall award the payment of expenses and attorney's fees in the manner set forth in paragraph 4. The affidavit is admissible as evidence of the matters stated therein pursuant to Section and the matters so stated are presumed true. Disobedience to the deposition subpoena issued pursuant to this subdivision is punishable as provided in Section The court may hear testimony on the order to show cause and if it finds that the costs demanded and collected, or charged but not collected, exceed the amount authorized by this subdivision, it shall order the witness to remit to the requesting party, or reduce its charge to the requesting party by an amount equal to, the amount of the excess. Please check official sources.

However, the obligations that it does impose on the persons who are reached by the statute and who are producing the kind of material specified in the statute are enforced though the imposition of a criminal sanction: Chocolate City Heatwave G. Gallant A Ninth Ave. Transporting obscene articles in interstate commerce is a federal crime. Pursuant to Penal Code section

Street Corner Studios B. Failure to comply with the obligations of the Section is a felony upon the first conviction, punishable by up to two years confinement and a fine, and two to five years and a fine on a second conviction. The whole point of Section is the abatement of child pornography. The validity of a part of the definitions of that Regulation important to webmasters and magazine publishers, and attempting to impose compliance requirements on them for record-keeping and disclosure, has been rejected as invalid by the only federal courts directly considering the language.

The court may hear testimony on the order to show cause and if it finds that the costs demanded and collected, or charged but not collected, exceed the amount authorized by this subdivision, it shall order the witness to remit to the requesting party, or reduce its charge to the requesting party by an amount equal to, the amount of the excess. The presumption established by this section is a presumption affecting the burden of producing evidence. When more than one person has knowledge of the facts, more than one affidavit may be made. It shall be the responsibility of the attorney's representative to deliver any copy of the records as directed in the subpoena. If more than one subpoena duces tecum is served upon the custodian of records or other qualified witness and the personal attendance of the custodian or other qualified witness is required pursuant to Section , the witness shall be deemed to be the witness of the party serving the first such subpoena duces tecum. Should the costs exceed those authorized in paragraph 1 , or the witness refuses to produce an itemized statement of costs as required by paragraph 3 , upon demand by the requesting party, or the requesting party's deposition officer, the witness shall furnish a statement setting forth the actions taken by the witness in justification of the costs. Disobedience to the deposition subpoena issued pursuant to this subdivision is punishable as provided in Section