Subpoenas: Issuing and Serving a Subpoena (CA)

by Practical Law Litigation

A Practice Note that outlines the procedure for issuing and serving civil and deposition subpoenas in California superior court cases. This Practice Note explains how counsel can effectively use a subpoena to compel testimony or obtain documentary evidence from a nonparty witness, ensuring the subpoena is enforceable. It details crucial steps, including pre-issuance and pre-service notice requirements for obtaining records from consumers, employees, and journalists. This Note also provides guidance on the proper methods and timing of service, the geographic limitations for depositions, and the rules for serving individuals, minors, and entities. Furthermore, it addresses the payment of witness fees, expert fees, and production costs, and covers how to properly prepare and handle the proof of service.