California

(CA) – Instate Witness Subpoena / Foreign Subpoena

The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within the state of California (CA):

The party seeking the subpoena must comply with the following state statutes:

Click here for California Interstate and International Depositions and Discovery Act:

Serving the subpoena:

Click here for California Code of Civil Procedure

California Courts subpoena forms:

Click here for California witness subpoena sample

Required Steps:

  1. Submit the original or a true and correct copy of a foreign subpoena to the clerk of the Superior Court in the California county where discovery is sought.
  2. Submit an application requesting that the Superior Court issue a subpoena with the same terms as the foreign subpoena. (See above for forms website) No civil case cover sheet is required.
  3. Pay a fee of $30 (prior to July 1, 2017) or $20 (beginning July 1, 2017).
  4. The subpoena shall include the following:
    1. It shall incorporate the terms used in the foreign subpoena.
    2. It shall contain or be accompanied by the names, addresses,which the subpoena relates and of any party not represented by counsel and telephone numbers of all counsel of record in the proceeding
    3. It shall bear the caption and case number of the out-of-state case to which it relates.
    4. It shall state the name of the court that issues it.
    5. It shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390.

If the above requirements are met, the clerk should promptly issue the subpoena requested.

If a party to a proceeding in a foreign jurisdiction chooses to retain an attorney who is properly licensed and active in California, the attorney may also issue the subpoena pending the following conditions are satisfied:

  1. The attorney receives an original or true and correct copy of a foreign subpoena.
  2. It shall incorporate the terms used in the foreign subpoena.
  3. It shall contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
  4. It shall bear the caption and case number of the out-of-state case to which it relates.
  5. It shall state the name of the superior court of the county in which the discovery is to be conducted.
  6. It shall be on a form prescribed by the Judicial Council pursuant to Section 2029.390.

Witness fees:

As per California Government code section 68093, witness fees are $35.00 per day and .20 per mile for both to and from the court.

Notice time:

As per section 2025.270 of the Ca. Code of Civil Procedure, notice must be at least 10 days prior to the time designated for the person summoned to appear, unless the court orders otherwise. For documents, the requirement is 20 days notice.

Notice to adverse parties:

As per Ca. Code of Civil Procedure section 2025.240, the party who prepares a notice of deposition shall give the notice to every other party who has appeared in the action.