What counts as a foreign subpoena.
California’s Interstate and International Depositions and Discovery Act (Code Civ. Proc. §§ 2029.100–2029.900) covers discovery in California for a case pending in another state or a foreign nation. A foreign subpoena is one issued under the authority of a court of record there (§ 2029.200). A state, for this purpose, includes the District of Columbia, Puerto Rico, the Virgin Islands, a federally recognized Indian tribe and any U.S. territory.
The Act treats as a subpoena any court-issued document, whatever it is called, that requires a person to testify at a deposition, to produce documents, electronically stored information or tangible things for inspection, copying, testing or sampling, or to permit inspection of premises.
The person in California is served with a California subpoena that carries the foreign subpoena’s terms, issued either by the superior court clerk or by a California attorney (§§ 2029.300, 2029.350). Firms often call this step domesticating the subpoena.
Issued by the superior court clerk.
A party submits the original or a true and correct copy of the foreign subpoena to the clerk of the superior court in the county where the discovery is to take place (§ 2029.300). Submitting it is not an appearance in California’s courts.
With it, the party files an application on the Judicial Council form asking the court to issue a subpoena with the same terms, and pays the fee. The application does not need a civil case cover sheet. The statutory fee for issuing the subpoena is $45 (Gov. Code § 70626(b)(4)).
Once both are in, the clerk must promptly issue a subpoena for service on the person the foreign subpoena is directed to. The California subpoena must include the items below.
- The terms used in the foreign subpoena
- The names, addresses and telephone numbers of all counsel of record, and of any party without counsel
- The caption and case number of the out-of-state case
- The name of the court that issues it
- A Judicial Council subpoena form
A California attorney can issue it instead.
If a party to the out-of-state case retains a lawyer licensed in California who is an active member of the State Bar, and the lawyer receives the original or a true and correct copy of the foreign subpoena, the lawyer may issue the California subpoena without going through the clerk (§ 2029.350).
The same content rules apply, with one difference: the subpoena states the name of the superior court of the county where the discovery is to take place. It also goes on a Judicial Council form.
The Judicial Council forms.
The Act required the Judicial Council to prepare an application form for the clerk and subpoena forms with instructions for issuing a subpoena through the clerk or by an attorney (§ 2029.390). The forms below are on the Judicial Council’s list, each adopted for mandatory use by all courts.
| Form | Title |
|---|---|
| SUBP-030 | Application for Discovery Subpoena in Action Pending Outside California |
| SUBP-035 | Subpoena for Production of Business Records in Action Pending Outside California |
| SUBP-040 | Deposition Subpoena for Personal Appearance in Action Pending Outside California |
| SUBP-045 | Deposition Subpoena for Personal Appearance and Production of Documents, Electronically Stored Information, and Things in Action Pending Outside California |
| SUBP-050 | Subpoena for Inspection of Premises in Action Pending Outside California |
When no subpoena is issued.
Neither the clerk nor a California attorney may issue a subpoena under the Act in two situations (§§ 2029.300, 2029.350). The first is a foreign subpoena based on a violation of another state’s laws that interfere with a person’s right to seek or obtain gender-affirming health care or gender-affirming mental health care, or to allow a child to receive it. The second is a foreign subpoena that relates to a foreign penal civil action and would require disclosure of information related to sensitive services, as defined in Insurance Code section 791.02.
A foreign penal civil action is a civil action authorized by another state’s law whose sole purpose is to punish an offense against that state’s public justice (§ 2029.200). The 2025 amendments (Stats. 2025, ch. 764, SB 497), effective October 13, 2025, added a person’s own right to seek or obtain gender-affirming care to the first exception. The earlier text covered the right to allow a child to receive it.
Served in person under California law.
The California subpoena must be personally served in compliance with California law, including Code of Civil Procedure section 1985 (§ 2029.400). A deposition subpoena is delivered to the person named or, for a business, to an officer, director, custodian of records, or an agent or employee authorized to accept it (§ 2020.220).
California law also governs the discovery itself. The state’s subpoena statutes, its Civil Discovery Act and any other California law or court rule on depositions, document production or inspection of premises apply, including the rules on court costs and sanctions (§ 2029.500).
That includes the notice rules for personal records. When the subpoena seeks a consumer’s records from a witness such as a doctor, hospital, bank or insurer, or an employee’s employment records, the consumer or employee must first be served with a copy of the subpoena and a notice of their rights, and the records witness must receive proof of that service or a signed release before producing anything (§§ 1985.3, 1985.6).
Witness fees follow California law too. The usual fee is $35 a day plus 20 cents a mile, both ways (Gov. Code § 68093). For a deposition that requires the witness to attend, the fee and mileage are paid whether or not the witness asks (§ 2020.230).
Where to file a dispute.
A request for a protective order, to enforce, quash or modify the subpoena, or for other relief may be filed in the superior court of the county where the discovery is to take place, and must follow California’s rules and statutes (§ 2029.600). It is called a petition, even where a California case would call it a motion, and it is filed with a civil case cover sheet. Section 1005’s rules on notice and on filing and serving papers apply (§ 2029.630).
The court assigns the petition a case number. Every petition, response or other paper bears the out-of-state case’s caption and case number, and its first page names the California court, gives the case number that court assigned, and says whether the filer is a party to the out-of-state case (§ 2029.610).
A later dispute over discovery in the same county for the same out-of-state case goes to the same court under the same case number, and its first page says it is not the first petition. On that petition, a party who already paid a first appearance fee under the Act, or a non-party who already paid the $80 fee, pays a motion fee instead (§ 2029.620).
A party who sought the discovery by a properly issued notice or by agreement, without a subpoena under the Act, can still petition, and so can the deponent or any other party (§ 2029.640). No order under the Act can be appealed in California. A person aggrieved by an order on a petition may ask the court of appeal for an extraordinary writ, and that court may stay the order, the discovery or both while it decides (§ 2029.650).
| Who files | Fee | Statute |
|---|---|---|
| Petitioner who is a party to the out-of-state case | A first appearance fee | Gov. Code § 70611; Code Civ. Proc. § 2029.610(a) |
| Petitioner who is not a party | $80 | Gov. Code § 70626(c); Code Civ. Proc. § 2029.610(a) |
| Respondent who is a party to the out-of-state case | A first appearance fee | Gov. Code § 70612; Code Civ. Proc. § 2029.610(c) |
| Respondent who is not a party | No fee | Code Civ. Proc. § 2029.610(c) |
What to send with the request.
Affid can deliver your prepared application packet to the clerk, then serve the California subpoena the court issues, anywhere in the state, and tender advanced witness fees by check with it. Preparing the application and deciding what discovery to seek stay with you or your California counsel.
- The foreign subpoena from the court where the case is pending
- The issued California subpoena, or your prepared application packet for the clerk
- The person or business to be served, and an address
- The deposition, production or inspection date
- Any witness fees or mileage to tender with the subpoena
- For consumer or employee records, proof that the notice was served, or the signed release
Official sources.
Follow the instructions for your case and check the relevant court’s current requirements. These links provide the official information referenced in this guide; Affid is not affiliated with the courts.
This guide summarizes California’s Interstate and International Depositions and Discovery Act (Code Civ. Proc. §§ 2029.100–2029.900) and the related fee statutes, checked November 4, 2026. It is not legal advice. Check your case with a California attorney or the superior court where the discovery will take place.
