A California subpoena is a court-issued order that forces a person, usually someone who is not a party to the lawsuit, to appear and testify or hand over documents in a civil case. It is one of the main discovery tools in California civil litigation, and it is governed by strict rules in the Code of Civil Procedure about the form it must take, how it has to be served, how much notice the witness must get, and what the recipient can do to fight it. Miss any of those steps and the subpoena is unenforceable.
Two Types of Subpoenas
California recognizes two broad categories. 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 anything in writing.
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 testimony and document production at the same deposition.
Who Can Issue One
A court clerk or judge issues a signed and sealed subpoena, otherwise left blank, to any party who requests one. The requesting party 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 theirs from the clerk’s office.
The Required Judicial Council Forms
California requires specific Judicial Council forms. Use the wrong one, or leave required information off, and the recipient has an easy ground to challenge it.
- SUBP-001, Civil Subpoena for Personal Appearance at Trial or Hearing, orders a nonparty to appear and testify at a trial or court hearing.1California Courts. SUBP-001 Civil Subpoena for Personal Appearance at Trial or Hearing
- SUBP-010, Deposition Subpoena for Production of Business Records, orders a business to turn over records to a registered copy service or make them available for copying at the business’s location.2California Courts. SUBP-010 Deposition Subpoena for Production of Business Records
- SUBP-015, Deposition Subpoena for Personal Appearance, compels a witness to appear in person at a deposition to give testimony.3California Courts. SUBP-015 Deposition Subpoena for Personal Appearance
- SUBP-020, Deposition Subpoena for Personal Appearance and Production of Documents and Things, combines testimony and a document demand in a single deposition.4California Courts. SUBP-020 Deposition Subpoena for Personal Appearance and Production of Documents and Things
Every form has to identify the court, the full case name, and the case number, and it must spell out the date, time, and location for the appearance or production. When documents are involved, describe them specifically enough that the recipient knows exactly what to pull. Vague or sweeping requests invite a motion to quash.
How to Serve a Subpoena
A subpoena is not enforceable until it has been properly served, and service means physically handing it to the witness or custodian of records. 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 is filed with the court to establish that the witness got proper notice.
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 them.5California Legislative Information. California Code of Civil Procedure CCP 2020.410 Cutting it close invites a successful challenge; courts will quash a subpoena that did not allow adequate preparation time.
Witness Fees and Mileage
California law entitles every civil witness 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 have to be offered or tendered at the time of service if the witness demands them. Skipping that step does not automatically void the subpoena, but it hands the recipient an argument that service was defective.
The statutory amount is a floor. Expert witnesses typically charge their own hourly rate on top, and those rates run several hundred dollars per hour depending on the specialty.
Timing and Deadlines
Getting the timeline right is one of the most overlooked parts of California subpoena practice, and errors here are the easiest way to lose an otherwise valid subpoena.
Business Records Subpoenas
A deposition subpoena for business records (SUBP-010) has to give the custodian until 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 compliance date makes the subpoena defective on its face.
Personal Appearance Subpoenas
For deposition subpoenas commanding personal appearance (SUBP-015 or SUBP-020), the Code of Civil Procedure does not prescribe a fixed number of days. Service must occur far enough in advance to give the witness a reasonable opportunity to travel. What counts as reasonable depends on the circumstances, but serving a deposition subpoena two or three days before the scheduled date is asking for trouble.
Trial Subpoenas
A trial subpoena (SUBP-001) similarly requires service in time for the witness to make arrangements. Many practitioners aim for at least 10 days before trial, though no hard statutory minimum exists for trial subpoenas outside the general reasonableness standard.
Geographic Limits on Where a Witness Must Appear
California does not let you drag a witness across the state just because you filed a subpoena. A deposition of a nonparty witness has to take place either within 75 miles of the witness’s residence or within the county where the lawsuit is pending, provided the location is also within 150 miles of where the witness lives. The deponent’s option governs when both alternatives are available.
Separately, a witness is generally not obligated to attend any proceeding more than 150 miles from where they live. If you need testimony from someone who lives too far away, you may have 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 litigants off guard in cases that span multiple California counties.
Extra Notice for Consumer and Employment Records
When a subpoena targets someone’s personal records held by a third party, California layers on extra protection that does not apply to ordinary business records. Skipping these notice requirements will get the subpoena quashed and can expose the requesting party to sanctions.
Consumer Records
If you subpoena personal records from a bank, hospital, insurance company, or similar institution, the Code of Civil Procedure requires you to serve a separate written notice on the consumer whose records you are after. That notice must include 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 turned over.7California Legislative Information. California Code of Civil Procedure 1985.3 No records can be released until either the objection period passes without opposition or the court rules on any challenge.
Employment Records
A parallel set of rules applies when you subpoena employment records from an employer. The employee whose records are at stake must receive notice and has the right to bring a motion to quash or serve a written objection before the production date. The employer cannot release the records once it receives notice of an objection unless the court orders otherwise. This protection extends to both current and former employees.
How to Challenge a Subpoena
A recipient who thinks a subpoena is improper does not have to comply and hope for the best. California provides two main mechanisms for pushing back.
Motion to Quash
The most common response 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. Typical grounds include:
- Defective service, meaning the subpoena was not personally delivered, arrived too late, or witness fees were not offered.
- Undue burden, where compliance would be unreasonably expensive, time-consuming, or disruptive.
- Overbreadth, where the document requests amount to a fishing expedition rather than a targeted discovery request.
- Irrelevance, where the testimony or documents sought have no bearing on the issues in the case.
- Privilege, including attorney-client privilege, the work product doctrine, physician-patient privilege, or constitutional privacy rights.
- Geographic overreach, where the subpoena requires attendance at a location beyond the statutory distance limits.
The court has discretion to award the reasonable expenses of bringing or opposing the motion, including attorney’s fees, to whichever side prevails.9California Legislative Information. California Code of Civil Procedure 1987.2 Filing a frivolous motion to quash, or issuing a subpoena you know is defective, can therefore cost you money beyond your own legal bills.
Protective Orders
Instead of quashing the subpoena outright, the court can issue a protective order that modifies it. A protective order might limit which documents must be produced, restrict who can view sensitive material, or require records to be filed under seal. This is a useful middle ground when some of the requested information is legitimate but the subpoena sweeps too broadly or touches on confidential data.
What Happens If You Ignore a Subpoena
Treating a subpoena like junk mail is a serious mistake. A witness who fails to appear after being properly served faces contempt of court. Under current California law, civil contempt can result in a fine of up to $1,000.10California Courts. Civil Contempt Procedures The court can also impose jail time, and a disobedient witness may be liable for any damages the requesting party suffered because of the no-show, such as the cost of rescheduling a deposition or delaying a trial.
The contempt finding is separate from any sanctions the court might impose for obstructing discovery. Courts tend to be more forgiving when a witness had a legitimate reason for noncompliance and communicated it in advance. Not showing up with no explanation is where judges lose patience. If you receive a subpoena and believe it is improper, file a motion to quash before the compliance deadline rather than ignoring it.