California subpoena forms come in five flavors published by the Judicial Council, and the right one depends on whether you want a witness at a trial or a deposition and whether you need testimony, documents, or both. Every form carries the “SUBP” prefix, and each one is only enforceable if you also handle service, witness fees, advance notice, and timing correctly. Get any of those wrong and a court will refuse to compel the witness.
The Five Judicial Council Subpoena Forms
Two forms cover trial and hearing appearances. SUBP-001 orders a non-party to show up and testify at a trial or court hearing with no documents attached.1California Courts. Civil Subpoena for Personal Appearance at Trial or Hearing SUBP-002, the trial duces tecum, orders the witness to appear and bring specified documents or things.2California Courts. Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing
Three forms cover depositions. SUBP-010 is a records-only form: a business sends records to a registered copy service or makes them available for copying at the business location, and no one appears in person.3California Courts. Deposition Subpoena for Production of Business Records SUBP-015 orders a witness to sit for a deposition without bringing documents.4California Courts. Deposition Subpoena for Personal Appearance SUBP-020 combines the two, ordering the witness to appear at a deposition and bring documents or things.5California Courts. Deposition Subpoena for Personal Appearance and Production of Documents and Things If you need the records custodian to answer questions under oath and produce records, that’s SUBP-020, not the records-only SUBP-010.
Filling In and Issuing the Form
Every form starts with the case caption. Copy the court name and address, the full case name, and the case number exactly as they appear on the filed complaint or petition. Even small mismatches give the witness grounds to challenge the subpoena.
Identify the witness by full legal name and last known address. Specify the exact date, time, and location for the appearance or production. When you’re demanding documents, describe them with enough detail that the witness can identify what to look for; vague language like “all relevant records” invites objections. If the description runs long, attach a separate page and reference it on the form.
Who signs depends on who you are. An attorney of record can sign and issue a deposition subpoena directly. A self-represented party has to take the form to the clerk of the court where the case is pending, and the clerk issues it signed and sealed but otherwise blank for the party to fill in. A self-represented party who signs a deposition subpoena without the clerk’s seal has issued a defective subpoena.
Extra Notice Rules for Consumer and Employment Records
This is where subpoenas most often fail. When your subpoena targets someone’s personal records or employment records, California layers advance-notice obligations on top of the normal service rules.
Consumer Records
Before serving the records custodian, you must give the consumer a copy of the subpoena, any supporting affidavit, and a written notice telling them their records are being sought, that they can object by filing papers with the court before the production date, and that they should consult an attorney if they have privacy concerns. That notice must reach the consumer at least 10 days before the production date, with extra time added for service by mail, and it must go out at least five days before you serve the custodian.6California Legislative Information. California Code of Civil Procedure 1985.3
Employment Records
The same framework applies to employment records. Before serving the employer, give the employee a copy of the subpoena and a notice explaining that their employment records are being sought, that those records may be protected by a right of privacy, that they can object in court, and that they should consult an attorney. The timing mirrors consumer records: at least 10 days before the production date and at least five days before serving the employer.7California Legislative Information. California Code CCP 1985.6
If the consumer or employee files a timely objection, the custodian cannot release the records until the court resolves the dispute. Skipping notice altogether can bring sanctions along with a successful motion to quash.
Service and Witness Fees
A subpoena must be personally delivered by someone at least 18 years old who is not a party to the case. That can be a friend, a professional process server, or a county sheriff’s office.8California Courts. Serving Court Papers Personal delivery puts the subpoena in the witness’s hands and leaves no room for a “never received it” defense.
Witness fees are separate. California sets the fee at $35 per day of attendance plus $0.20 per mile for round-trip travel from the witness’s home to the place of attendance.9California Legislative Information. California Code GOV 68093 For a deposition subpoena requiring personal attendance (SUBP-015 or SUBP-020), the noticing party can pay the fee either when the subpoena is served or when the witness arrives for the deposition.10California Legislative Information. California Code CCP 2020.230 For a trial subpoena, tendering fees at service is the safer practice, because a witness who receives no fees can argue the subpoena is unenforceable.
Minimum Lead Times
California sets floors on how far in advance the subpoena must go out. Miss them and you’re starting over.
- Deposition subpoena for personal appearance (SUBP-015 or SUBP-020): the deposition must be scheduled at least 10 days after service of the deposition notice.11California Legislative Information. California Code of Civil Procedure CCP 2025.270
- Deposition subpoena for business records (SUBP-010): the compliance date must be no earlier than 20 days after the subpoena is issued or 15 days after it is served, whichever is later.12California Legislative Information. California Code of Civil Procedure CCP 2020.410
- Consumer or employment records: the deposition must be scheduled at least 20 days after issuance of the subpoena, reflecting the extra notice obligations.11California Legislative Information. California Code of Civil Procedure CCP 2025.270
Add days if you’re serving notice on a consumer or employee by mail, because Code of Civil Procedure section 1013 extends deadlines for mailed service. Counting backward from the production date, with a few buffer days built in, prevents most timing problems.
Filing the Proof of Service
After service, the person who delivered the subpoena completes a proof of service. The Judicial Council forms include a proof of service section on the form itself. The server fills in the date, time, and location of service, confirms how the subpoena was delivered, notes whether witness fees were tendered, and signs under penalty of perjury. The completed proof is filed with the court clerk along with the original subpoena. Without that filing, the court has no basis to hold a non-compliant witness in contempt. If you gave notice to a consumer or employee under CCP 1985.3 or 1985.6, file that proof of service too.
How a Witness Can Fight the Subpoena
Proper service doesn’t make a subpoena final. California lets several categories of people ask the court to quash or modify it, and the court can throw it out, narrow it, impose protective orders, or set conditions for compliance. The standard is whether the subpoena is unreasonable or oppressive, including unreasonable invasions of privacy.13California Legislative Information. California Code of Civil Procedure 1987.1
These people can file a motion to quash:
- Any party to the lawsuit
- The witness who was subpoenaed
- A consumer whose personal records are targeted under CCP 1985.3
- An employee whose employment records are targeted under CCP 1985.6
- A person whose identifying information is sought in a case involving their free-speech rights
Common grounds include attorney-client privilege, overbreadth, undue burden, and privacy. A consumer or non-party employee has an alternative to court: serve a written objection on the subpoenaing party, the custodian, and the deposition officer before the production date. That written objection blocks production until the subpoenaing party gets a court order compelling it.6California Legislative Information. California Code of Civil Procedure 1985.3
Penalties for Ignoring a Subpoena
A witness who disobeys a properly served subpoena can be held in contempt by the issuing court, which carries fines and possible jail time until the witness complies. For deposition subpoenas, a contempt finding does not require a prior order to comply; the subpoena itself is the order.14Justia Law. California Code of Civil Procedure 1985-1997
On top of contempt, a witness who fails to appear forfeits $500 to the party who issued the subpoena plus any actual damages caused by the no-show. If a bench warrant issues and the witness still fails to appear after being released on a promise to do so, the court can add a civil assessment of up to $1,000.14Justia Law. California Code of Civil Procedure 1985-1997
These penalties don’t apply if the subpoena was defective. A witness who was never properly served, never received the required fees, or was denied the notice required for consumer or employment records has a built-in defense against contempt.