California Subpoena
In California a witness is owed $35 a day plus $0.20 a mile both ways, and an attorney of record can issue the subpoena directly on Judicial Council form SUBP-001. Attorney review available.
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Introduction
A subpoena is a court order that compels a person to appear and testify, to produce documents, or both, and in California it is issued under Code of Civil Procedure Section 1985. California is one of the states where an attorney of record can sign and issue the subpoena directly, while a self-represented party gets one from the clerk or a judge, who issues it signed and sealed but otherwise blank for the party to fill in before service (Section 1985(c)). For a personal appearance at trial or a hearing, California prescribes Judicial Council form SUBP-001, which is adopted for mandatory use. The witness is entitled to thirty-five dollars ($35) a day and mileage actually traveled, both ways, at twenty cents ($0.20) a mile (Government Code Section 68093). Timing matters: a deposition subpoena for business records cannot command compliance earlier than 20 days after it is issued, or 15 days after it is served, whichever date is later (Section 2020.410(c)), and if the records are an individual's personal records the consumer must be notified not less than 10 days before the production date and at least five days before the custodian is served (Section 1985.3(b)). One California rule surprises people: attendance turns on residency, not distance. A witness is not obliged to attend unless the witness is a resident within the state at the time of service (Section 1989), so there is no in-state mileage cap to calculate. A person who fails to appear forfeits five hundred dollars ($500) to the aggrieved party plus any damages caused (Section 1992). DocDraft builds your California subpoena from your facts, with attorney review available before you serve it.
Key Things to Know
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A California subpoena is a court order compelling a person to appear and testify, to produce documents, or both, issued in a pending case under Code of Civil Procedure Section 1985.
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An attorney of record in the action may sign and issue a California subpoena directly. A self-represented party obtains one from the clerk or a judge, issued signed and sealed but otherwise blank, and fills it in before service (Section 1985(c)).
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California prescribes Judicial Council form SUBP-001, Civil Subpoena for Personal Appearance at Trial or Hearing, adopted for mandatory use.
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The California witness fee is thirty-five dollars ($35) a day, plus mileage actually traveled, both ways, at twenty cents ($0.20) a mile (Government Code Section 68093).
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A California deposition subpoena for business records must set a compliance date no earlier than 20 days after issuance, or 15 days after service, whichever date is later (Code of Civil Procedure Section 2020.410(c)).
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When the records sought are an individual's personal records, California requires written notice to that consumer not less than 10 days before the production date, and at least five days before the subpoena is served on the custodian (Section 1985.3(b)), with added time under Section 1013 if service is by mail.
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A person who fails to appear under a California subpoena forfeits five hundred dollars ($500) to the aggrieved party, plus all damages sustained, recoverable in a civil action (Code of Civil Procedure Section 1992).
Key decisions before you file
Before you file a Subpoena in California, a few decisions shape the document: which option to choose and what each one means. The Subpoena guide walks through them.
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California Requirements for Subpoena
Witness Fee of $35 a Day
A California witness is entitled to thirty-five dollars ($35) a day for actual attendance when legally required to attend a civil action or proceeding in the superior courts (Government Code Section 68093). The SUBP-001 form states the witness may request fees at the time of service.
Mileage at $0.20 a Mile Both Ways
California pays mileage actually traveled, both ways, at twenty cents ($0.20) a mile (Government Code Section 68093). It is a flat statewide rate, not a county-set figure, and it is calculated on the round trip.
Who May Issue the Subpoena
The clerk or a judge issues a California subpoena signed and sealed but otherwise in blank to the requesting party, who fills it in before service. An attorney at law who is the attorney of record may sign and issue it directly (Code of Civil Procedure Section 1985(c)).
Mandatory Form SUBP-001
California prescribes Judicial Council form SUBP-001, Civil Subpoena for Personal Appearance at Trial or Hearing, adopted for mandatory use. The form cites Code of Civil Procedure Sections 1985, 1986 and 1987.
Affidavit Required for a Subpoena Duces Tecum
A California subpoena duces tecum must be supported by an affidavit setting forth in full detail the materiality of the items to the issues in the case, and stating that the witness has them in their possession or under their control (Code of Civil Procedure Section 1985(b)).
Business Records: 20 Days After Issuance or 15 After Service
A California deposition subpoena for business records must command compliance no earlier than 20 days after the subpoena is issued, or 15 days after it is served, whichever date is later (Code of Civil Procedure Section 2020.410(c)). Take the later of the two dates.
Consumer Notice: 10 Days Before Production, 5 Before the Custodian
Where personal records of a consumer are sought, California requires notice to that consumer not less than 10 days before the production date, and at least five days before the subpoena is served on the custodian of records (Code of Civil Procedure Section 1985.3(b)), plus the added time Section 1013 allows for mail service.
Residency Rule and the $500 Forfeiture
A witness is not obliged to attend unless the witness is a resident within the state at the time of service (Code of Civil Procedure Section 1989), so California conditions attendance on residency rather than travel distance. A person who fails to appear forfeits five hundred dollars ($500) to the party aggrieved plus all damages sustained (Section 1992).