How to Serve a Subpoena in California

A subpoena is one of the most powerful tools in American civil litigation. It is a court order that compels a person to appear in court, give testimony at a deposition, or produce documents relevant to a legal case. Ignoring a properly served subpoena is not an option — it can result in fines, contempt of court, or even arrest.

But a subpoena only carries that force if it is served correctly. California has specific rules about who can serve a subpoena, how it must be delivered, what fees must be tendered, and what proof of service is required. Get any of it wrong and the subpoena may be unenforceable — leaving you without the witness testimony or records your case depends on.

This guide walks through everything you need to know about serving a subpoena in California: the different types of subpoenas, who is allowed to serve them, the personal service requirement, witness fee rules, how deposition and business records subpoenas differ, and the common mistakes that get subpoenas quashed.

What Is a Subpoena?

A subpoena (from the Latin for “under penalty”) is a written command issued under the authority of a court or arbitration body that requires a person to do one of three things:

• Appear and testify at a trial, hearing, or deposition;
• Produce documents, records, or physical evidence relevant to a case; or
• Both testify and produce documents at the same time.

Subpoenas are governed by the California Code of Civil Procedure (primarily sections 1985 through 2020.510 for civil cases) and by the California Rules of Court. Different procedural rules apply depending on whether the subpoena is for trial, a deposition, or business records, and whether the person being subpoenaed is a party to the case or a third-party witness.

Types of Subpoenas in California

Before you can serve a subpoena, you need to know which kind you are dealing with. California recognizes several distinct types:

Civil Subpoena (Form SUBP-001)

The standard subpoena for a trial or court hearing. It commands a witness to appear and testify on a specific date at a specific courtroom. This is what you use when you need someone to show up in court.

Civil Subpoena for Personal Appearance and Production of Documents (Form SUBP-002)

A combined subpoena commanding a witness to both appear in court and bring specified documents with them. Common when a witness has records that need to be authenticated through live testimony.

Deposition Subpoena for Personal Appearance (Form SUBP-015)

Used to compel a non-party witness to attend a deposition and give sworn testimony outside of court, usually at an attorney's office or court reporter's location. Parties to the case are compelled to attend depositions by notice, not subpoena — subpoenas are for non-party witnesses.

Deposition Subpoena for Production of Business Records (Form SUBP-010)

Used to compel a business or custodian of records to produce documents — medical records, bank statements, employment files, phone records, and similar materials — without requiring a personal appearance. This is the most common type of subpoena in civil litigation.

Deposition Subpoena for Personal Appearance and Production of Documents (Form SUBP-020)

A combined deposition subpoena commanding the witness to attend a deposition and bring specified documents to it.

Using the right form matters. Serving an SUBP-010 (business records only) when you actually need personal testimony will not get you the witness. Always make sure the form you are using matches what you are trying to accomplish.

Who Can Serve a Subpoena in California?

California law is specific about who is allowed to serve a subpoena. Under CCP section 1987, a subpoena may be served by any person who is:

• At least 18 years of age; and
• Not a party to the action.

That language is deceptively simple. While technically anyone over 18 who is not a party can serve a subpoena, most attorneys and litigants use a registered process server because the stakes of getting service wrong are so high. A registered process server knows the statutory requirements, documents service properly, and produces a declaration of diligence that holds up in court.

Who cannot serve a subpoena? The plaintiff or defendant cannot serve their own subpoena. Even if you are representing yourself, you need someone else to handle the actual delivery. For more on this general principle, see our article on what a process server does.

The Personal Service Requirement

Here is a critical point that trips up many self-represented litigants: a subpoena to a non-party witness generally must be served by personal service. You cannot just drop it in the mail or email it to the witness and consider them served.

Personal service means the process server physically hands the subpoena to the named individual. If the witness refuses to take the papers, the server can use “drop service” — leaving the papers in the witness's immediate presence — and the service is still valid. Our detailed article on substitute service of process covers how drop service works in California.

There are narrow exceptions for certain business records subpoenas (discussed below) where service on a custodian of records at the business address is permitted, but for personal testimony subpoenas, personal service on the named witness is the standard.

Mailing a subpoena to a witness and hoping they show up is not service. It is a wish. If the witness does not appear, you have no enforceable remedy because service was never properly completed.

Witness Fees — The Step Most People Forget

One of the most commonly overlooked requirements in subpoena service is the tender of witness fees. Under California law, when you serve a subpoena on a non-party witness for a personal appearance, you must offer the witness a statutory witness fee and mileage at the time of service — or the subpoena is not properly served.

The statutory witness fee in California civil cases is $35 per day of required attendance, plus mileage at $0.20 per mile for the round trip between the witness's home and the place of testimony. This fee must be offered to the witness when the subpoena is served, not after. The process server typically brings a check made out to the witness in the correct amount.

There are some exceptions and variations:

• Government employees and certain expert witnesses have different fee rules, often much higher.
• Business records subpoenas (SUBP-010) do not require witness fees at service, but the subpoenaing party is responsible for the reasonable costs of producing the records.
• Deposition subpoenas also require tender of the statutory witness fee for personal appearances.

If you fail to tender the witness fee at service, the witness has the legal right to ignore the subpoena, and any motion to enforce it will likely be denied.

Deposition Subpoenas — Special Rules

Deposition subpoenas have their own wrinkles under California's Civil Discovery Act (CCP section 2020.010 and following). Key points to know:

Timing Requirements

A deposition subpoena for personal appearance must be served with reasonable notice — typically at least 10 days before the deposition if the witness is in California. If the deposition is out of state or requires significant travel, more notice is required.

Non-Party vs. Party

Subpoenas are for non-parties. If you want to depose a party to the case, you use a deposition notice, not a subpoena. The notice must still be served on the party's attorney.

Notice to Consumer

When a deposition subpoena seeks personal records (medical, financial, employment, etc.) about a consumer, a Notice to Consumer must be served on that consumer at least 5 days before serving the business records subpoena (10 days if served by mail). This gives the consumer the opportunity to object or move to quash the subpoena before their records are disclosed.

This requirement catches many self-represented litigants off guard. Skip the notice to consumer step and the witness can refuse to produce, or the records can be excluded later.

Business Records Subpoenas (SUBP-010)

The deposition subpoena for production of business records (SUBP-010) is one of the most frequently used subpoenas in California civil practice. It commands a business or records custodian to produce documents without requiring a personal appearance.

Here is how it typically works:

1. Issue the subpoena specifying the records requested, the date by which they must be produced, and the deposition officer (usually a professional records copying service) who will receive the records.
2. Serve the Notice to Consumer on any consumer whose personal records are sought, at least 5 days before serving the business.
3. Serve the subpoena on the custodian of records at the business, typically by personal service on whoever is in charge of records at the address.
4. The business produces the records by the date specified, usually delivered to the deposition officer named in the subpoena.
5. The deposition officer provides copies to the attorneys or parties in the case, along with a certificate of records attesting to authenticity.

Business records subpoenas do not require tender of a personal appearance witness fee, but the subpoenaing party is typically responsible for paying reasonable copying and delivery costs.

What Happens If a Witness Ignores a Subpoena?

A properly served subpoena is a court order. Ignoring it has real consequences:

• Contempt of court. A judge can find the witness in contempt and impose fines or even jail time.
• Body attachment. The court can issue a warrant for the witness's arrest to compel their appearance.
• Monetary sanctions. The witness can be ordered to pay the reasonable attorney's fees and costs incurred by the party who had to enforce the subpoena.
• Adverse evidentiary rulings. If the non-compliance prejudices the case, the court may allow negative inferences against the non-compliant witness.

To invoke these remedies, however, the subpoena must have been properly served in the first place. That is why correct service by a professional is so important.

How to Challenge or Quash a Subpoena

If you are the one receiving a subpoena and you believe it is improper, you have legal options. You can file a motion to quash or motion for a protective order asking the court to limit or block the subpoena. Common grounds include:

• The subpoena seeks privileged information (attorney-client, medical, psychotherapist privilege, etc.);
• The subpoena is overbroad or unduly burdensome;
• The subpoena was not properly served;
• The witness was not offered the statutory fee;
• The subpoena seeks irrelevant records; or
• The notice to consumer requirement was not followed.

Motions to quash must generally be filed before the date the subpoena requires compliance. Missing that deadline can waive your objection.

Common Mistakes That Invalidate Subpoena Service

Here are the most frequent errors that cause subpoenas to be quashed or ignored:

1. Using the Wrong Form

California has distinct forms for each type of subpoena. Using a trial subpoena when you need a deposition subpoena (or vice versa) can invalidate the process.

2. Failing to Tender Witness Fees

Serving a personal appearance subpoena without offering the statutory fee at the time of service is one of the most common reasons subpoenas are unenforceable.

3. Skipping the Notice to Consumer

When the subpoena seeks a consumer's personal records from a business, the notice to consumer must be served first. Skipping this step can result in the records being excluded or the subpoena quashed.

4. Insufficient Notice

Serving a deposition subpoena only a few days before the deposition date does not give the witness reasonable time to prepare. Courts will often quash subpoenas served on short notice.

5. Using a Party as the Server

The plaintiff or defendant cannot serve their own subpoena. The subpoena must be served by someone who is at least 18 and not a party to the action.

6. Incomplete Proof of Service

The proof of service must document the method, date, time, and location of service, along with the witness fee tender. For a deeper look at this document, see our related guide on what a proof of service is.

Why Use a Professional Process Server for Subpoenas?

Subpoenas are among the highest-stakes documents in the civil litigation process. A defectively served subpoena can cost you a critical witness, a key piece of evidence, or even your entire case. Professional process servers know the rules, bring the correct witness fees, document every step, and produce a court-ready proof of service on every job.

At Famous Legal Services, we handle subpoena service across Los Angeles and throughout California. We handle all the procedural details so you can focus on your case. If you need a subpoena served quickly and correctly, place your order online or call us at (888) 335-3318.

Experiencing phone issues? Call us directly at (818) 371-2544