California Subpoena Handbook: Forms, Notice, and Witness Fees

A California subpoena is a court-issued order that compels a person, usually someone who is not a party to the lawsuit, to give testimony, produce documents, or both in a civil case. It is governed by the Code of Civil Procedure, and the rules are strict about which form to use, how to serve it, how much notice the witness gets, and what fees must be paid. Miss any of those steps and the subpoena can be quashed.

The Two Kinds of Civil Subpoenas

A subpoena for personal appearance orders a witness to show up and give sworn testimony at a trial, hearing, or deposition. It does not ask for documents.

A subpoena duces tecum orders the recipient to produce specific documents, electronically stored information, or physical items. Most of these go to the custodian of records at a business or institution. California also allows a combined subpoena that compels both live testimony and document production at the same deposition.

The Judicial Council Forms You Have to Use

California requires specific Judicial Council forms. Using the wrong one, or leaving required fields blank, gives the recipient an easy ground to challenge the subpoena.

Every subpoena must identify the court, the full case name, and the case number, and it must state the date, time, and location for the appearance or production. When you are asking for documents, describe them with enough specificity that the recipient knows exactly what to gather. Vague or sweeping demands invite a motion to quash.

Who Issues a Subpoena and Who Can Serve It

A court clerk or judge will issue a signed and sealed subpoena, otherwise blank, to any party who requests one; the requesting party then fills in the details before service. An attorney of record can issue a subpoena directly without going through the clerk. Self-represented litigants have to get the form from the clerk’s office.

A subpoena is not enforceable until it has been properly served, and in California that means personal delivery to the witness or custodian. The person doing the serving can be anyone at least 18 years old who is not a party to the case. After delivery, the server completes a proof of service, which gets filed with the court to establish that the witness received proper notice.

How Much Notice the Witness Must Get

Service has to happen far enough in advance that the witness has a reasonable opportunity to prepare, travel, and, if documents were requested, locate and gather what was asked for.5California Legislative Information. California Code of Civil Procedure CCP 2020.410 Courts will quash a subpoena that did not allow adequate preparation time.

For a deposition subpoena for business records, the compliance date must be at least 20 days after issuance or 15 days after service, whichever is later.5California Legislative Information. California Code of Civil Procedure CCP 2020.410 Setting an earlier date makes the subpoena defective on its face.

For deposition subpoenas commanding a personal appearance, and for trial subpoenas, the Code does not set a fixed number of days. The standard is reasonableness. Many practitioners aim for at least 10 days before a trial date, and serving a deposition subpoena two or three days before the scheduled appearance will not survive a challenge.

How Far a Witness Can Be Made to Travel

California does not let you drag a witness across the state just because you filed a subpoena. A deposition of a nonparty witness must take place either within 75 miles of the witness’s residence, or within the county where the lawsuit is pending so long as the location is also within 150 miles of where the witness lives. If both alternatives are available, the deponent chooses.

Separately, a witness is generally not obligated to attend any proceeding more than 150 miles from home. If your witness lives too far away, you may need to arrange a closer deposition or ask the court for a special order. Geographic overreach is one of the most common grounds for quashing a subpoena, and it catches people off guard in cases that span multiple counties.

Witness Fees and Mileage

Every civil witness in California is entitled to a daily attendance fee of $35 plus mileage reimbursement of $0.20 per mile actually traveled, round trip.6California Legislative Information. California Government Code 68093 These fees must be offered at the time of service if the witness demands them. Skipping this step does not automatically void the subpoena, but it hands the recipient an argument that service was defective.

The statutory amount is a floor, not a market rate. An expert witness subpoenaed for deposition will charge their own hourly rate on top of the $35, and those rates can run several hundred dollars an hour depending on the specialty.

Extra Notice for Consumer and Employment Records

When a subpoena targets someone’s personal records held by a third party, California adds a layer of protection that does not apply to ordinary business records. Skipping these steps will get the subpoena quashed and can lead to sanctions.

If you subpoena personal records from a bank, hospital, insurance company, or similar institution, you must serve a separate written notice on the consumer whose records you are seeking. The notice includes a copy of the subpoena and an explanation of the consumer’s right to object. The consumer then has an opportunity to file a motion to quash or serve a written objection before any records are released.7California Legislative Information. California Code of Civil Procedure 1985.3 No records can be turned over until either the objection window passes or the court rules on the challenge.

A parallel rule applies to employment records subpoenaed from an employer. The current or former employee whose records are at stake receives notice and can move to quash or serve a written objection before the production date. Once the employer receives notice that the employee has objected, it cannot release the records unless the court orders otherwise.

How to Challenge a Subpoena

A recipient who thinks a subpoena is improper does not have to comply and hope for the best. The main tool is a motion to quash under CCP 1987.1, filed in the court where the case is pending.8California Legislative Information. California Code of Civil Procedure 1987.1 The motion asks the court to cancel or narrow the subpoena. Common grounds include defective service, undue burden on the recipient, overbroad document requests that amount to a fishing expedition, irrelevance to the issues in the case, privilege (attorney-client, work product, physician-patient, or constitutional privacy), and geographic overreach beyond the statutory distance limits.

Rather than throwing the subpoena out entirely, the court can issue a protective order that modifies it: limiting which documents must be produced, restricting who can view sensitive material, or requiring records be filed under seal. That middle ground fits situations where some of the request is legitimate but the subpoena sweeps too far or touches confidential data.

The court has discretion to award reasonable expenses, including attorney’s fees, to whichever side prevails on the motion.9California Legislative Information. California Code of Civil Procedure 1987.2 A frivolous motion, or a knowingly defective subpoena, can cost you money beyond your own legal bills.

What Happens If You Ignore a Subpoena

A witness who fails to appear after being properly served faces contempt of court. Civil contempt in California can result in a fine of up to $1,000.10California Courts. Civil Contempt Procedures The court can also impose jail time, and the no-show witness may be liable for damages the requesting party suffered as a result, such as the cost of rescheduling a deposition or delaying a trial. That contempt finding is separate from any discovery sanctions the court might impose.

Judges are generally more forgiving when a witness had a legitimate reason for noncompliance and said so in advance. If you receive a subpoena you believe is improper, file a motion to quash before the compliance date rather than skipping the appearance.