Understanding Subpoenas in California: What You Need to Know

When you hear the word subpoena, it often brings to mind courtroom dramas and tense witness scenes. But in reality, subpoenas are a common and powerful tool used every day in California’s civil and criminal justice systems. Whether you’re a party to a lawsuit, a witness, or simply someone who has relevant information or documents, understanding what a subpoena is and what your rights and obligations are is essential.

What Is a Subpoena?

A subpoena is a formal legal order issued by a court, attorney, or authorized officer commanding a person to either:

Appear and testify at a deposition, hearing, or trial (Subpoena for Personal Appearance); or

Produce documents, records, or tangible evidence (Subpoena Duces Tecum).

Under California Code of Civil Procedure (CCP) §§ 1985–1987.1, subpoenas are enforceable court orders. Failure to comply without a valid excuse can result in contempt proceedings, fines, or other sanctions.

Types of Subpoenas in California:

Subpoena for Personal Appearance at Trial or Hearing (CCP § 1987)

Commands a person to appear before the court to give testimony.

Must include witness fees and mileage when served.

Deposition Subpoena (CCP § 2020.010 et seq.)

Used in civil discovery to compel testimony or the production of evidence before trial.

Three main types:

For personal appearance only,

For production of documents only, or

For both testimony and production.

Subpoena Duces Tecum (CCP § 1985)

Requires the witness to bring documents, records, or other evidence under their control.

Commonly used to obtain business records, medical files, or employment records.

Who Can Issue a Subpoena?

In California:

Attorneys of record may issue subpoenas in pending cases.

The court clerk may issue subpoenas upon request by a party in pro per (self represented litigant).

Certain administrative agencies may issue subpoenas under their own statutory authority.

Each subpoena must include the case title, number, court, and issuing attorney’s or court’s signature, and it must be properly served.

Serving a Subpoena:

A subpoena must be personally served by someone who is at least 18 years old and not a party to the action.

Service typically involves:

Handing a copy of the subpoena to the person named, and

Providing witness fees and mileage if personal appearance is required.

When the subpoena seeks consumer or employment records, advance notice and specific procedures under CCP § 1985.3 and § 1985.6 must be followed, including a waiting period for objections.

Objecting to a Subpoena:

A witness or the party whose records are being subpoenaed may object if:

The subpoena is overbroad or unduly burdensome,

It seeks privileged or confidential information (e.g., attorney-client or medical privilege),

Proper notice was not given, or

The subpoena was improperly served.

To object, a written objection or motion to quash can be filed under CCP § 1987.1. Courts often balance the requesting party’s need for information with the witness’s privacy or burden.

Failure to Comply with a Subpoena:

Ignoring a subpoena can have serious consequences. Under CCP § 1991, failure to appear or produce documents may result in:

A contempt citation,

Monetary sanctions, or

Arrest warrants in extreme cases.

Always seek legal advice before refusing to comply with a subpoena.

Practical Tips:

Read carefully: Note the date, time, and location of appearance or production.

Don’t ignore it: Respond promptly; time limits for objections are short.

Consult an attorney: Especially if the subpoena involves confidential records or sensitive information

Keep copies: Always retain copies of what you produce or any objections filed.

Conclusion

Subpoenas are a cornerstone of California’s judicial discovery process ensuring that parties can obtain the evidence necessary to uncover the truth. Whether you’re responding to one or considering issuing one, understanding the rules under the California Code of Civil Procedure can help protect your rights and avoid costly mistakes.

About Sari Law Firm

At Sari Law Firm, we help clients navigate every stage of California litigation. If you've been served with a subpoena or are preparing for a case, our experienced legal team provides expert guidance with confidence and precision.

Contact us at (949) 426-5071 or visit Contact page to schedule a consultation.

FAQ

Q1: What is a subpoena in California?

A subpoena is a court-enforceable order requiring a person to testify or produce documents under the California Code of Civil Procedure.

Q2: What are the main types of subpoenas in California?

They include subpoenas for personal appearance, deposition subpoenas, and subpoenas duces tecum for documents.

Q3: Can I object to a subpoena?

Yes. A subpoena may be challenged if it is overbroad, seeks privileged information, or was improperly served.

Q4: What happens if I ignore a subpoena?

Failure to comply may result in contempt of court, fines, or other sanctions under California law.

Q5: Should I consult an attorney if I receive a subpoena?

Yes. Legal counsel can help protect your rights and ensure proper compliance or objections.