Which subpoena you have.
A subpoena orders a person to appear at a set time and place to testify, and can also require them to bring documents, electronically stored information or other things. One that requires documents is a subpoena duces tecum (Code Civ. Proc. § 1985).
For a trial or hearing, the clerk issues the subpoena signed and sealed, or an attorney of record signs and issues it. Discovery from someone who isn’t a party uses a deposition subpoena, which comes in three kinds (§ 2020.020). Each has a Judicial Council form.
A party, or a party’s officer, director or managing agent, doesn’t usually need a subpoena: a written notice to that party’s attorney does the same job (§ 1987).
| Form | What it requires | When |
|---|---|---|
| SUBP-001 | Personal appearance | Trial or hearing |
| SUBP-002 | Appearance and production of documents, with a declaration | Trial or hearing |
| SUBP-015 | Personal appearance | Deposition |
| SUBP-010 | Production of business records only | Deposition |
| SUBP-020 | Appearance and production of documents and things | Deposition |
Delivered to the witness in person.
A trial or hearing subpoena is served by delivering a copy to the witness personally, early enough to give them a reasonable time to prepare and travel (§ 1987). A subpoena duces tecum issued before trial must be served with a copy of its supporting affidavit or declaration (§ 1987.5).
A deposition subpoena is also served by personal delivery. For a business or other organization, it goes to an officer, director, custodian of records, or an agent or employee the organization has authorized to accept it (§ 2020.220). Personal service binds a deponent who lives in California when served.
A subpoena for a minor is served on a parent, guardian or other person with care of the child, and on the minor too if they are 12 or older (§ 1987). California Courts’ self-help guide says the person who serves must be 18 or older and can’t serve it by mail.
Witness fees go with the subpoena.
Government Code section 68093 sets the usual witness fee: $35 for each day of attendance, plus 20 cents a mile, both ways. When the fee is owed depends on the subpoena.
If your subpoena calls for fees, add the amount as an advance fee when you request service. It’s collected with your payment and tendered by check with the subpoena.
| Subpoena | Fee | Statute |
|---|---|---|
| Trial or hearing | Travel fees and one day’s attendance, given or offered at service if the witness asks for them | Code Civ. Proc. § 1987 |
| Deposition with appearance | The witness fee and mileage, whether or not the witness asks, paid at service or at the deposition | Code Civ. Proc. § 2020.230(a) |
| Business records only | A fee of up to $15 served with the subpoena, whether or not asked for | Code Civ. Proc. § 2020.230(b); Evid. Code § 1563 |
| Peace officer or covered public employee | $275 for each day of required attendance, tendered with the subpoena | Gov. Code § 68097.2 |
Business records: the production date.
A records-only deposition subpoena goes to the custodian of records, or another person qualified to certify them. It must set production no earlier than 20 days after the subpoena is issued, or 15 days after it is served, whichever is later (§ 2020.410).
The custodian delivers a copy of the records, with an affidavit, to the deposition officer in person, by messenger or by mail, and not before the date and time on the subpoena (§ 2020.430). A records witness may charge set copying costs (Evid. Code § 1563).
Consumer and employee records need notice first.
When the records belong to a consumer, such as a patient, a bank or insurance customer or a client, or to an employee, that person must be served first with a copy of the subpoena and a notice of their right to object (§§ 1985.3, 1985.6). If they are a party, the notice goes to their attorney.
The subpoena served on the custodian must come with proof that the notice was served, or with a written release signed by the consumer or employee or their attorney. Subpoenas for telephone records also need the consumer’s signed consent.
California Courts suggests a production date at least 30 days away when these records are sought, to leave room for the notice periods.
| Step | Timing | Statute |
|---|---|---|
| Serve the notice and a copy of the subpoena | At least 10 days before the production date | Code Civ. Proc. §§ 1985.3, 1985.6 |
| Then serve the custodian | At least 5 days after the notice is served | Code Civ. Proc. §§ 1985.3, 1985.6 |
| If the notice is mailed | Add the mailing time, 5 days within California | Code Civ. Proc. § 1013 |
Subpoenas from another state.
For discovery in California in a case pending elsewhere, the foreign subpoena and an application on the Judicial Council form go to the superior court clerk in the county where discovery takes place, and the clerk issues a California subpoena (§ 2029.300). The statutory filing fee is $45 (Gov. Code § 70626). A California attorney retained by a party can issue the subpoena instead (§ 2029.350).
The California subpoena is then personally served under California law, the same way as a local one (§ 2029.400).
Proof that it was served.
Each subpoena form has its own proof of service section, which the person who served it completes and signs. For a deposition subpoena, copies to the other parties are proved separately, for example with form POS-020 or POS-030.
California’s 2027 changes to service of process, including the three-attempt rule and the GPS-stamped photos, apply to serving a summons, not to subpoenas.
What to send with the request.
Affid serves the subpoenas you prepare. Choosing the subpoena, its dates and the records to request stays with you or your attorney.
- The issued subpoena, with any affidavit or declaration that must go with it
- The witness’s name and address, or the business and its custodian of records
- The appearance or production date
- Any witness fees or mileage to tender
- 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 statutes on civil subpoenas and the Judicial Council’s self-help guidance, checked November 4, 2026. It is not legal advice. Where the self-help pages and a statute differ, it follows the statute; check your case with an attorney or your court.
