How do I serve a Subpoena for Personal Appearance for a State Court?
The witness must be personally
served if the subpoena is to compel personal attendance at a hearing or deposition. Service may not be made by substituted
service. If the witness is personally served and does not attend as directed, he or she could be cited for contempt of court and sanctioned $500 plus costs. The court will not sanction the witness unless he or she was personally served. The witness is entitled to received a witness fee
before he or she appears at the deposition or hearing. Service must be made within a "reasonable" time prior to the deposition of hearing. Reasonable time relates to the time the witness must prepare for and attend the deposition or hearing. The time given a witness is not a specified and mandated period as are the requirements for noticing a deposition to an opposing party, unless the subpoena is for consumer or employment records. (CCP 1987
, CCP 2020.010
, et seq.)