Subpoenas: Overview (CA)

by Practical Law Litigation

A Practice Note providing an overview of the process for using subpoenas to compel testimony or obtain documentary evidence from nonparty witnesses in California state court litigation. This Practice Note examines the key differences between civil subpoenas for trial and deposition subpoenas for discovery. It outlines the complete lifecycle of a subpoena, including strategic considerations for the issuing party, the mechanics of serving in-state and out-of-state witnesses under frameworks like the Uniform Interstate Deposition and Discovery Act (UIDDA), and the proper use of mandatory Judicial Council forms. For the responding party, this Note details options for compliance, the effect of serving written objections, and the process for seeking a protective order or moving to quash the subpoena. It also explains the procedures for enforcement, such as filing a motion to compel or initiating contempt proceedings, while citing key sections of the California Code of Civil Procedure.