Subpoenas: Drafting a Subpoena (CA)

by Practical Law Litigation

A Practice Note explaining how to draft various subpoenas for use in California civil litigation to compel testimony or obtain documentary evidence from a nonparty witness. This Note provides practical guidance for drafting enforceable civil subpoenas for trial and several types of deposition subpoenas, including those for testimony only, the production of business records, or both. It outlines key considerations when using mandatory California Judicial Council forms, such as the declaration of good cause and materiality. This Practice Note also provides crucial information on navigating the complex pre-issuance notice requirements when seeking sensitive documents, including personal records from consumers, employment records, or a journalist's records.