California Service Laws

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Service of Summons

CALIFORNIA CODES
CODE OF CIVIL PROCEDURE
SECTION 415.10-415.95

(As of 1/1/09)

415.10. Service on an Individual Defendant
A summons may be served by personal delivery of a copy of
the summons and of the complaint to the person to be served. Service
of a summons in this manner is deemed complete at the time of such
delivery.
The date upon which personal delivery is made shall be entered on
or affixed to the face of the copy of the summons at the time of its
delivery. However, service of a summons without such date shall be
valid and effective.

415.20. Substituted Service on a Business and Individual Defendant
(a) In lieu of personal delivery of a copy of the summons
and complaint to the person to be served as specified in Section
416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by
leaving a copy of the summons and complaint during usual office
hours in his or her office or, if no physical address is known, at
his or her usual mailing address, other than a United States Postal
Service post office box, with the person who is apparently in charge
thereof, and by thereafter mailing a copy of the summons and
complaint by first-class mail, postage prepaid to the person to be
served at the place where a copy of the summons and complaint were
left. When service is effected by leaving a copy of the summons and
complaint at a mailing address, it shall be left with a person at
least 18 years of age, who shall be informed of the contents thereof.
Service of a summons in this manner is deemed complete on the 10th
day after the mailing.
(b) If a copy of the summons and complaint cannot with reasonable
diligence be personally delivered to the person to be served, as
specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may
be served by leaving a copy of the summons and complaint at the
person's dwelling house, usual place of abode, usual place of
business, or usual mailing address other than a United States Postal
Service post office box, in the presence of a competent member of the
household or a person apparently in charge of his or her office,
place of business, or usual mailing address other than a United
States Postal Service post office box, at least 18 years of age, who
shall be informed of the contents thereof, and by thereafter mailing
a copy of the summons and of the complaint by first-class mail,
postage prepaid to the person to be served at the place where a copy
of the summons and complaint were left. Service of a summons in this
manner is deemed complete on the 10th day after the mailing.

415.21. Substituted Service on a Defendant at a Gated Community
(a) Notwithstanding any other provision of law, any person
shall be granted access to a gated community for a reasonable period
of time for the purpose of performing lawful service of process or
service of a subpoena, upon identifying to the guard the person or
persons to be served, and upon displaying a current driver's license
or other identification, and one of the following:
(1) A badge or other confirmation that the individual is acting in
his or her capacity as a representative of a county sheriff or
marshal.
(2) Evidence of current registration as a process server pursuant
to Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code.
(b) This section shall only apply to a gated community that is
staffed at the time service of process is attempted by a guard or
other security personnel assigned to control access to the community.

415.30. Service by Mail (Notice of Acknowledgment of Receipt)
(a) A summons may be served by mail as provided in this
section. A copy of the summons and of the complaint shall be mailed
(by first-class mail or airmail, postage prepaid) to the person to be
served, together with two copies of the notice and acknowledgment
provided for in subdivision (b) and a return envelope, postage
prepaid, addressed to the sender.
(b) The notice specified in subdivision (a) shall be in
substantially the following form:

(Title of court and cause, with action number, to be inserted
by the sender prior to mailing)

NOTICE

To: (Here state the name of the person to be served.)
This summons is served pursuant to Section 415.30 of the
California Code of Civil Procedure. Failure to complete this form
and return it to the sender within 20 days may subject you (or the
party on whose behalf you are being served) to liability for the
payment of any expenses incurred in serving a summons upon you in any
other manner permitted by law. If you are served on behalf of a
corporation, unincorporated association (including a partnership), or
other entity, this form must be signed in the name of such entity by
you or by a person authorized to receive service of process on
behalf of such entity. In all other cases, this form must be signed
by you personally or by a person authorized by you to acknowledge
receipt of summons. Section 415.30 provides that this summons is
deemed served on the date of execution of an acknowledgment of
receipt of summons.
_____
Signature of sender

ACKNOWLEDGMENT OF RECEIPT OF SUMMONS

This acknowledges receipt on (insert date) of a copy of the
summons and of the complaint at (insert address).

Date: ____
(Date this acknowledgement
is executed)
_
______
Signature of person acknowledging
receipt, with title if acknowledgment
is made on behalf of another person

(c) Service of a summons pursuant to this section is deemed
complete on the date a written acknowledgement of receipt of summons
is executed, if such acknowledgement thereafter is returned to the
sender.
(d) If the person to whom a copy of the summons and of the
complaint are mailed pursuant to this section fails to complete and
return the acknowledgement form set forth in subdivision (b) within
20 days from the date of such mailing, the party to whom the summons
was mailed shall be liable for reasonable expenses thereafter
incurred in serving or attempting to serve the party by another
method permitted by this chapter, and, except for good cause shown,
the court in which the action is pending, upon motion, with or
without notice, shall award the party such expenses whether or not he
is otherwise entitled to recover his costs in the action.
(e) A notice or acknowledgment of receipt in form approved by the
Judicial Council is deemed to comply with this section.

415.40. Service by Mail (Certified Mail on Out-of-State Defendant)
A summons may be served on a person outside this state in
any manner provided by this article or by sending a copy of the
summons and of the complaint to the person to be served by
first-class mail, postage prepaid, requiring a return receipt.
Service of a summons by this form of mail is deemed complete on the
10th day after such mailing.

415.45. Service by Posting and Mailing - Unlawful Detainer
(a) A summons in an action for unlawful detainer of real
property may be served by posting if upon affidavit it appears to the
satisfaction of the court in which the action is pending that the
party to be served cannot with reasonable diligence be served in any
manner specified in this article other than publication and that:
(1) A cause of action exists against the party upon whom service
is to be made or he is a necessary or proper party to the action; or
(2) The party to be served has or claims an interest in real
property in this state that is subject to the jurisdiction of the
court or the relief demanded in the action consists wholly or in part
in excluding such party from any interest in such property.
(b) The court shall order the summons to be posted on the premises
in a manner most likely to give actual notice to the party to be
served and direct that a copy of the summons and of the complaint be
forthwith mailed by certified mail to such party at his last known
address.
(c) Service of summons in this manner is deemed complete on the
10th day after posting and mailing.
(d) Notwithstanding an order for posting of the summons, a summons
may be served in any other manner authorized by this article, except
publication, in which event such service shall supersede any posted
summons.

415.46. Service on Unnamed Occupant - Unlawful Detainer
(a) In addition to the service of a summons and complaint
in an action for unlawful detainer upon a tenant and subtenant, if
any, as prescribed by this article, a prejudgment claim of right to
possession may also be served on any person who appears to be or who
may claim to have occupied the premises at the time of the filing of
the action. Service upon occupants shall be made pursuant to
subdivision (c) by serving a copy of a prejudgment claim of right to
possession, as specified in subdivision (f), attached to a copy of
the summons and complaint at the same time service is made upon the
tenant and subtenant, if any.
(b) Service of the prejudgment claim of right to possession in
this manner shall be effected by a marshal, sheriff, or registered
process server.
(c) When serving the summons and complaint upon a tenant and
subtenant, if any, the marshal, sheriff, or registered process server
shall make a reasonably diligent effort to ascertain whether there
are other adult occupants of the premises who are not named in the
summons and complaint by inquiring of the person or persons who are
being personally served, or any person of suitable age and discretion
who appears to reside upon the premises, whether there are other
occupants of the premises.
If the identity of such an occupant is disclosed to the officer or
process server and the occupant is present at the premises, the
officer or process server shall serve that occupant with a copy of
the prejudgment claim of right to possession attached to a copy of
the summons and complaint. If personal service cannot be made upon
that occupant at that time, service may be effected by (1) leaving a
copy of a prejudgment claim of right to possession attached to a copy
of the summons and complaint addressed to that occupant with a
person of suitable age and discretion at the premises, (2) affixing
the same so that it is not readily removable in a conspicuous place
on the premises in a manner most likely to give actual notice to that
occupant, and (3) sending the same addressed to that occupant by
first-class mail.
In addition to the service on an identified occupant, or if no
occupant is disclosed to the officer or process server, or if
substituted service is made upon the tenant and subtenant, if any,
the officer or process server shall serve a prejudgment claim of
right to possession for all other persons who may claim to occupy the
premises at the time of the filing of the action by (1) leaving a
copy of a prejudgment claim of right to possession attached to a copy
of the summons and complaint at the premises at the same time
service is made upon the tenant and subtenant, if any, (2) affixing
the same so that it is not readily removable in a conspicuous place
on the premises so that it is likely to give actual notice to an
occupant, and (3) sending the same addressed to "all occupants in
care of the named tenant" to the premises by first-class mail.
The person serving process shall state the date of service on the
prejudgment claim of right to possession form. However, the absence
of the date of service on the prejudgment claim of right to
possession does not invalidate the claim.
(d) Proof of service under this section shall be filed with the
court and shall include a statement that service was made pursuant to
this section. Service on occupants in accordance with this section
shall not alter or affect service upon the tenant or subtenant, if
any.
(e) If an owner or his or her agent has directed and obtained
service of a prejudgment claim of right to possession in accordance
with this section, no occupant of the premises, whether or not such
occupant is named in the judgment for possession, may object to the
enforcement of that judgment as prescribed in Section 1174.3.
(f) The prejudgment claim of right to possession shall be made on
the following form:

  • * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The Prejudgment Claim of Right to
Possession form appears in the hard-copy publication of the
chaptered bill. See Chapter 57, pages 159-162, Statutes of 1991.

  • * * * * * * * * * * * * * * * *

415.47. Service on Defendant of Abandoned Real Property - Unlawful Detainer
(a) Where the lessee has given the lessor written notice of
the lessee's intent not to abandon leased real property as provided
in Section 1951.3 of the Civil Code, the summons in an action for
unlawful detainer of the real property may be served on the lessee by
certified mail, postage prepaid, addressed to the lessee at the
address stated in the lessee's notice of intent not to abandon if
such summons is deposited in the mail within 60 days from the date
the lessee's notice of intent not to abandon is received by the
lessor. Service in this manner is deemed completed on the 10th day
after such mailing.
(b) Where the lessee has given the lessor written notice of the
lessee's intent not to abandon leased real property as provided in
Section 1951.3 of the Civil Code, but failed to include in such
notice an address at which the lessee may be served by certified mail
in any action for unlawful detainer of the real property, the
summons in an action for unlawful detainer of the real property may
be served on the lessee by certified mail, postage prepaid, addressed
to the lessee at (1) the same address or addresses to which the
lessor's notice of belief of abandonment was addressed if that notice
was given by mail or (2) the address of the real property if the
lessor's notice of belief of abandonment was personally served on the
lessee. Service may not be made pursuant to this subdivision unless
the summons is deposited in the mail within 60 days from the date
the lessee's notice of intent not to abandon is received by the
lessor. Service in the manner authorized by this subdivision is
deemed completed on the 10th day after such mailing.
(c) This section provides an alternative method of service on the
lessee and does not preclude service in any other manner authorized
by this chapter.

415.50. Service by Publication
(a) A summons may be served by publication if upon
affidavit it appears to the satisfaction of the court in which the
action is pending that the party to be served cannot with reasonable
diligence be served in another manner specified in this article and
that either:
(1) A cause of action exists against the party upon whom service
is to be made or he or she is a necessary or proper party to the
action.
(2) The party to be served has or claims an interest in real or
personal property in this state that is subject to the jurisdiction
of the court or the relief demanded in the action consists wholly or
in part in excluding the party from any interest in the property.
(b) The court shall order the summons to be published in a named
newspaper, published in this state, that is most likely to give
actual notice to the party to be served. If the party to be served
resides or is located out of this state, the court may also order the
summons to be published in a named newspaper outside this state that
is most likely to give actual notice to that party. The order shall
direct that a copy of the summons, the complaint, and the order for
publication be forthwith mailed to the party if his or her address is
ascertained before expiration of the time prescribed for publication
of the summons. Except as otherwise provided by statute, the
publication shall be made as provided by Section 6064 of the
Government Code unless the court, in its discretion, orders
publication for a longer period.
(c) Service of a summons in this manner is deemed complete as
provided in Section 6064 of the Government Code.
(d) Notwithstanding an order for publication of the summons, a
summons may be served in another manner authorized by this chapter,
in which event the service shall supersede any published summons.
(e) As a condition of establishing that the party to be served
cannot with reasonable diligence be served in another manner
specified in this article, the court may not require that a search be
conducted of public databases where access by a registered process
server to residential addresses is prohibited by law or by published
policy of the agency providing the database, including, but not
limited to, voter registration rolls and records of the Department of
Motor Vehicles.

415.95. Service on a Business Organization, Form Unknown
(a) A summons may be served on a business organization,
form unknown, by leaving a copy of the summons and complaint during
usual office hours with the person who is apparently in charge of the
office of that business organization, and by thereafter mailing a
copy of the summons and complaint by first-class mail, postage
prepaid, to the person to be served at the place where a copy of the
summons and complaint was left. Service of a summons in this manner
is deemed complete on the 10th day after the mailing.
(b) Service of a summons pursuant to this section is not valid for
a corporation with a registered agent for service of process listed
with the Secretary of State.

CALIFORNIA CODES
CODE OF CIVIL PROCEDURE
SECTION 416.10-416.90

416.10. Service on a Corporation
A summons may be served on a corporation by delivering a
copy of the summons and the complaint by any of the following
methods:
(a) To the person designated as agent for service of process as
provided by any provision in Section 202, 1502, 2105, or 2107 of the
Corporations Code (or Sections 3301 to 3303, inclusive, or Sections
6500 to 6504, inclusive, of the Corporations Code, as in effect on
December 31, 1976, with respect to corporations to which they remain
applicable).
(b) To the president, chief executive officer, or other head of
the corporation, a vice president, a secretary or assistant
secretary, a treasurer or assistant treasurer, a controller or chief
financial officer, a general manager, or a person authorized by the
corporation to receive service of process.
(c) If the corporation is a bank, to a cashier or assistant
cashier or to a person specified in subdivision (a) or (b).
(d) If authorized by any provision in Section 1701, 1702, 2110, or
2111 of the Corporations Code (or Sections 3301 to 3303, inclusive,
or Sections 6500 to 6504, inclusive, of the Corporations Code, as in
effect on December 31, 1976, with respect to corporations to which
they remain applicable), as provided by that provision.

416.20. Service on a Defunct Corporation
A summons may be served on a corporation that has forfeited
its charter or right to do business, or has dissolved, by delivering
a copy of the summons and of the complaint:
(a) To a person who is a trustee of the corporation and of its
stockholders or members; or
(b) When authorized by any provision in Sections 2011 or 2114 of
the Corporations Code (or Sections 3301 to 3303, inclusive, or
Sections 6500 to 6504, inclusive, of the Corporations Code as in
effect on December 31, 1976, with respect to corporations to which
they remain applicable), as provided by such provision.

416.30. Service of a Joint Stock Company
A summons may be served on a joint stock company or
association by delivering a copy of the summons and of the complaint
as provided by Section 416.10 or 416.20.

416.40. Service on a Partnership
A summons may be served on an unincorporated association
(including a partnership) by delivering a copy of the summons and of
the complaint:
(a) If the association is a general or limited partnership, to the
person designated as agent for service of process in a statement
filed with the Secretary of State or to a general partner or the
general manager of the partnership;
(b) If the association is not a general or limited partnership, to
the person designated as agent for service of process in a statement
filed with the Secretary of State or to the president or other head
of the association, a vice president, a secretary or assistant
secretary, a treasurer or assistant treasurer, a general manager, or
a person authorized by the association to receive service of process;
(c) When authorized by Section 18220 of the Corporations Code, as
provided by that section.

416.50. Service on a Public Entity
(a) A summons may be served on a public entity by
delivering a copy of the summons and of the complaint to the clerk,
secretary, president, presiding officer, or other head of its
governing body.
(b) As used in this section, "public entity" includes the state
and any office, department, division, bureau, board, commission, or
agency of the state, the Regents of the University of California, a
county, city, district, public authority, public agency, and any
other political subdivision or public corporation in this state.

416.60. Service on a Minor
A summons may be served on a minor by delivering a copy of
the summons and of the complaint to his parent, guardian,
conservator, or similar fiduciary, or, if no such person can be found
with reasonable diligence, to any person having the care or control
of such minor or with whom he resides or by whom he is employed, and
to the minor if he is at least 12 years of age.

416.70. Service on a Guardian, Conservator, or Fiduciary
A summons may be served on a person (other than a minor)
for whom a guardian, conservator, or similar fiduciary has been
appointed by delivering a copy of the summons and of the complaint to
his guardian, conservator, or similar fiduciary and to such person,
but, for good cause shown, the court in which the action is pending
may dispense with delivery to such person.

416.80. Service on a Candidate
When authorized by Section 11 of the Elections Code, a
summons may be served as provided by that section.

416.90. Service on a Person Authorized to Accept Service on Behalf of Another
A summons may be served on a person not otherwise specified
in this article by delivering a copy of the summons and of the
complaint to such person or to a person authorized by him to receive
service of process.

Service of Subpoenas

CALIFORNIA CODES
CODE OF CIVIL PROCEDURE
SECTION 1985-1997

(As of 1/1/09)

1985. Issuance of Subpoena and Subpoena Duces Tecum
(a) The process by which the attendance of a witness is
required is the subpoena. It is a writ or order directed to a person
and requiring the person's attendance at a particular time and place
to testify as a witness. It may also require a witness to bring any
books, documents, or other things under the witness's control which
the witness is bound by law to produce in evidence. When a county
recorder is using the microfilm system for recording, and a witness
is subpoenaed to present a record, the witness shall be deemed to
have complied with the subpoena if the witness produces a certified
copy thereof.
(b) A copy of an affidavit shall be served with a subpoena duces
tecum issued before trial, showing good cause for the production of
the matters and things described in the subpoena, specifying the
exact matters or things desired to be produced, setting forth in full
detail the materiality thereof to the issues involved in the case,
and stating that the witness has the desired matters or things in his
or her possession or under his or her control.
(c) The clerk, or a judge, shall issue a subpoena or subpoena
duces tecum signed and sealed but otherwise in blank to a party
requesting it, who shall fill it in before service. An attorney at
law who is the attorney of record in an action or proceeding, may
sign and issue a subpoena to require attendance before the court in
which the action or proceeding is pending or at the trial of an issue
therein, or upon the taking of a deposition in an action or
proceeding pending therein; the subpoena in such a case need not be
sealed. An attorney at law who is the attorney of record in an action
or proceeding, may sign and issue a subpoena duces tecum to require
production of the matters or things described in the subpoena.

1985.3. Subpoena for Consumer Records; Consumer Notice
(a) For purposes of this section, the following definitions
apply:
(1) "Personal records" means the original, any copy of books,
documents, other writings, or electronic data pertaining to a
consumer and which are maintained by any "witness" which is a
physician, dentist, ophthalmologist, optometrist, chiropractor,
physical therapist, acupuncturist, podiatrist, veterinarian,
veterinary hospital, veterinary clinic, pharmacist, pharmacy,
hospital, medical center, clinic, radiology or MRI center, clinical
or diagnostic laboratory, state or national bank, state or federal
association (as defined in Section 5102 of the Financial Code), state
or federal credit union, trust company, anyone authorized by this
state to make or arrange loans that are secured by real property,
security brokerage firm, insurance company, title insurance company,
underwritten title company, escrow agent licensed pursuant to
Division 6 (commencing with Section 17000) of the Financial Code or
exempt from licensure pursuant to Section 17006 of the Financial
Code, attorney, accountant, institution of the Farm Credit System, as
specified in Section 2002 of Title 12 of the United States Code, or
telephone corporation which is a public utility, as defined in
Section 216 of the Public Utilities Code, or psychotherapist, as
defined in Section 1010 of the Evidence Code, or a private or public
preschool, elementary school, secondary school, or postsecondary
school as described in Section 76244 of the Education Code.
(2) "Consumer" means any individual, partnership of five or fewer
persons, association, or trust which has transacted business with, or
has used the services of, the witness or for whom the witness has
acted as agent or fiduciary.
(3) "Subpoenaing party" means the person or persons causing a
subpoena duces tecum to be issued or served in connection with any
civil action or proceeding pursuant to this code, but shall not
include the state or local agencies described in Section 7465 of the
Government Code, or any entity provided for under Article VI of the
California Constitution in any proceeding maintained before an
adjudicative body of that entity pursuant to Chapter 4 (commencing
with Section 6000) of Division 3 of the Business and Professions
Code.
(4) "Deposition officer" means a person who meets the
qualifications specified in Section 2020.420.
(b) Prior to the date called for in the subpoena duces tecum for
the production of personal records, the subpoenaing party shall serve
or cause to be served on the consumer whose records are being sought
a copy of the subpoena duces tecum, of the affidavit supporting the
issuance of the subpoena, if any, and of the notice described in
subdivision (e), and proof of service as indicated in paragraph (1)
of subdivision (c). This service shall be made as follows:
(1) To the consumer personally, or at his or her last known
address, or in accordance with Chapter 5 (commencing with Section
1010) of Title 14 of Part 3, or, if he or she is a party, to his or
her attorney of record. If the consumer is a minor, service shall be
made on the minor's parent, guardian, conservator, or similar
fiduciary, or if one of them cannot be located with reasonable
diligence, then service shall be made on any person having the care
or control of the minor or with whom the minor resides or by whom the
minor is employed, and on the minor if the minor is at least 12
years of age.
(2) Not less than 10 days prior to the date for production
specified in the subpoena duces tecum, plus the additional time
provided by Section 1013 if service is by mail.
(3) At least five days prior to service upon the custodian of the
records, plus the additional time provided by Section 1013 if service
is by mail.
(c) Prior to the production of the records, the subpoenaing party
shall do either of the following:
(1) Serve or cause to be served upon the witness a proof of
personal service or of service by mail attesting to compliance with
subdivision (b).
(2) Furnish the witness a written authorization to release the
records signed by the consumer or by his or her attorney of record.
The witness may presume that any attorney purporting to sign the
authorization on behalf of the consumer acted with the consent of the
consumer, and that any objection to release of records is waived.
(d) A subpoena duces tecum for the production of personal records
shall be served in sufficient time to allow the witness a reasonable
time, as provided in Section 2020.410, to locate and produce the
records or copies thereof.
(e) Every copy of the subpoena duces tecum and affidavit, if any,
served on a consumer or his or her attorney in accordance with
subdivision (b) shall be accompanied by a notice, in a typeface
designed to call attention to the notice, indicating that (1) records
about the consumer are being sought from the witness named on the
subpoena; (2) if the consumer objects to the witness furnishing the
records to the party seeking the records, the consumer must file
papers with the court or serve a written objection as provided in
subdivision (g) prior to the date specified for production on the
subpoena; and (3) if the party who is seeking the records will not
agree in writing to cancel or limit the subpoena, an attorney should
be consulted about the consumer's interest in protecting his or her
rights of privacy. If a notice of taking of deposition is also
served, that other notice may be set forth in a single document with
the notice required by this subdivision.
(f) A subpoena duces tecum for personal records maintained by a
telephone corporation which is a public utility, as defined in
Section 216 of the Public Utilities Code, shall not be valid or
effective unless it includes a consent to release, signed by the
consumer whose records are requested, as required by Section 2891 of
the Public Utilities Code.
(g) Any consumer whose personal records are sought by a subpoena
duces tecum and who is a party to the civil action in which this
subpoena duces tecum is served may, prior to the date for production,
bring a motion under Section 1987.1 to quash or modify the subpoena
duces tecum. Notice of the bringing of that motion shall be given to
the witness and deposition officer at least five days prior to
production. The failure to provide notice to the deposition officer
shall not invalidate the motion to quash or modify the subpoena duces
tecum but may be raised by the deposition officer as an affirmative
defense in any action for liability for improper release of records.
Any other consumer or nonparty whose personal records are sought
by a subpoena duces tecum may, prior to the date of production, serve
on the subpoenaing party, the witness, and the deposition officer, a
written objection that cites the specific grounds on which
production of the personal records should be prohibited.
No witness or deposition officer shall be required to produce
personal records after receipt of notice that the motion has been
brought by a consumer, or after receipt of a written objection from a
nonparty consumer, except upon order of the court in which the
action is pending or by agreement of the parties, witnesses, and
consumers affected.
The party requesting a consumer's personal records may bring a
motion under Section 1987.1 to enforce the subpoena within 20 days of
service of the written objection. The motion shall be accompanied by
a declaration showing a reasonable and good faith attempt at
informal resolution of the dispute between the party requesting the
personal records and the consumer or the consumer's attorney.
(h) Upon good cause shown and provided that the rights of
witnesses and consumers are preserved, a subpoenaing party shall be
entitled to obtain an order shortening the time for service of a
subpoena duces tecum or waiving the requirements of subdivision (b)
where due diligence by the subpoenaing party has been shown.
(i) Nothing contained in this section shall be construed to apply
to any subpoena duces tecum which does not request the records of any
particular consumer or consumers and which requires a custodian of
records to delete all information which would in any way identify any
consumer whose records are to be produced.
(j) This section shall not apply to proceedings conducted under
Division 1 (commencing with Section 50), Division 4 (commencing with
Section 3200), Division 4.5 (commencing with Section 6100), or
Division 4.7 (commencing with Section 6200), of the Labor Code.
(k) Failure to comply with this section shall be sufficient basis
for the witness to refuse to produce the personal records sought by a
subpoena duces tecum.
(l) If the subpoenaing party is the consumer, and the consumer is
the only subject of the subpoenaed records, notice to the consumer,
and delivery of the other documents specified in subdivision (b) to
the consumer, is not required under this section.

1985.4. Subpoena for Consumer Records in Government Files
The procedures set forth in Section 1985.3 are applicable
to a subpoena duces tecum for records containing "personal
information," as defined in Section 1798.3 of the Civil Code which
are otherwise exempt from public disclosure under Section 6254 of the
Government Code which are maintained by a state or local agency as
defined in Section 6252 of the Government Code. For the purposes of
this section, "witness" means a state or local agency as defined in
Section 6252 of the Government Code and "consumer" means any employee
of any state or local agency as defined in Section 6252 of the
Government Code, or any other natural person. Nothing in this
section shall pertain to personnel records as defined in Section
832.8 of the Penal Code.

1985.6. Subpoena for Employment and Labor Records
(a) For purposes of this section, the following terms have
the following meanings:
(1) "Deposition officer" means a person who meets the
qualifications specified in Section 2020.420.
(2) "Employee" means any individual who is or has been employed by
a witness subject to a subpoena duces tecum. "Employee" also means
any individual who is or has been represented by a labor organization
that is a witness subject to a subpoena duces tecum.
(3) "Employment records" means the original or any copy of books,
documents, other writings, or electronic data pertaining to the
employment of any employee maintained by the current or former
employer of the employee, or by any labor organization that has
represented or currently represents the employee.
(4) "Labor organization" has the meaning set forth in Section 1117
of the Labor Code.
(5) "Subpoenaing party" means the person or persons causing a
subpoena duces tecum to be issued or served in connection with any
civil action or proceeding, but does not include the state or local
agencies described in Section 7465 of the Government Code, or any
entity provided for under Article VI of the California Constitution
in any proceeding maintained before an adjudicative body of that
entity pursuant to Chapter 4 (commencing with Section 6000) of
Division 3 of the Business and Professions Code.
(b) Prior to the date called for in the subpoena duces tecum of
the production of employment records, the subpoenaing party shall
serve or cause to be served on the employee whose records are being
sought a copy of: the subpoena duces tecum; the affidavit supporting
the issuance of the subpoena, if any; the notice described in
subdivision (e); and proof of service as provided in paragraph (1) of
subdivision (c). This service shall be made as follows:
(1) To the employee personally, or at his or her last known
address, or in accordance with Chapter 5 (commencing with Section
1010) of Title 14 of Part 2, or, if he or she is a party, to his or
her attorney of record. If the employee is a minor, service shall be
made on the minor's parent, guardian, conservator, or similar
fiduciary, or if one of them cannot be located with reasonable
diligence, then service shall be made on any person having the care
or control of the minor, or with whom the minor resides, and on the
minor if the minor is at least 12 years of age.
(2) Not less than 10 days prior to the date for production
specified in the subpoena duces tecum, plus the additional time
provided by Section 1013 if service is by mail.
(3) At least five days prior to service upon the custodian of the
employment records, plus the additional time provided by Section 1013
if service is by mail.
(c) Prior to the production of the records, the subpoenaing party
shall either:
(1) Serve or cause to be served upon the witness a proof of
personal service or of service by mail attesting to compliance with
subdivision (b).
(2) Furnish the witness a written authorization to release the
records signed by the employee or by his or her attorney of record.
The witness may presume that the attorney purporting to sign the
authorization on behalf of the employee acted with the consent of the
employee, and that any objection to the release of records is
waived.
(d) A subpoena duces tecum for the production of employment
records shall be served in sufficient time to allow the witness a
reasonable time, as provided in Section 2020.410, to locate and
produce the records or copies thereof.
(e) Every copy of the subpoena duces tecum and affidavit served on
an employee or his or her attorney in accordance with subdivision
(b) shall be accompanied by a notice, in a typeface designed to call
attention to the notice, indicating that (1) employment records about
the employee are being sought from the witness named on the
subpoena; (2) the employment records may be protected by a right of
privacy; (3) if the employee objects to the witness furnishing the
records to the party seeking the records, the employee shall file
papers with the court prior to the date specified for production on
the subpoena; and (4) if the subpoenaing party does not agree in
writing to cancel or limit the subpoena, an attorney should be
consulted about the employee's interest in protecting his or her
rights of privacy. If a notice of taking of deposition is also
served, that other notice may be set forth in a single document with
the notice required by this subdivision.
(f) (1) Any employee whose employment records are sought by a
subpoena duces tecum may, prior to the date for production, bring a
motion under Section 1987.1 to quash or modify the subpoena duces
tecum. Notice of the bringing of that motion shall be given to the
witness and the deposition officer at least five days prior to
production. The failure to provide notice to the deposition officer
does not invalidate the motion to quash or modify the subpoena duces
tecum but may be raised by the deposition officer as an affirmative
defense in any action for liability for improper release of records.
(2) Any nonparty employee whose employment records are sought by a
subpoena duces tecum may, prior to the date of production, serve on
the subpoenaing party, the deposition officer, and the witness a
written objection that cites the specific grounds on which production
of the employment records should be prohibited.
(3) No witness or deposition officer shall be required to produce
employment records after receipt of notice that the motion has been
brought by an employee, or after receipt of a written objection from
a nonparty employee, except upon order of the court in which the
action is pending or by agreement of the parties, witnesses, and
employees affected.
(4) The party requesting an employee's employment records may
bring a motion under subdivision (c) of Section 1987 to enforce the
subpoena within 20 days of service of the written objection. The
motion shall be accompanied by a declaration showing a reasonable and
good faith attempt at informal resolution of the dispute between the
party requesting the employment records and the employee or the
employee's attorney.
(g) Upon good cause shown and provided that the rights of
witnesses and employees are preserved, a subpoenaing party shall be
entitled to obtain an order shortening the time for service of a
subpoena duces tecum or waiving the requirements of subdivision (b)
if due diligence by the subpoenaing party has been shown.
(h) This section may not be construed to apply to any subpoena
duces tecum that does not request the records of any particular
employee or employees and that requires a custodian of records to
delete all information that would in any way identify any employee
whose records are to be produced.
(i) This section does not apply to proceedings conducted under
Division 1 (commencing with Section 50), Division 4 (commencing with
Section 3200), Division 4.5 (commencing with Section 6100), or
Division 4.7 (commencing with Section 6200), of the Labor Code.
(j) Failure to comply with this section shall be sufficient basis
for the witness to refuse to produce the employment records sought by
subpoena duces tecum.
(k) If the subpoenaing party is the employee, and the employee is
the only subject of the subpoenaed records, notice to the employee,
and delivery of the other documents specified in subdivision (b) to
the employee, are not required under this section.

1986. Obtaining the Subpoena; Foreign Deposition Supoena
A subpoena is obtainable as follows:
(a) To require attendance before a court, or at the trial of an
issue therein, or upon the taking of a deposition in an action or
proceeding pending therein, it is obtainable from the clerk of the
court in which the action or proceeding is pending.
(b) To require attendance before a commissioner appointed to take
testimony by a court of a foreign country, or of the United States,
or of any other state in the United States, or before any officer or
officers empowered by the laws of the United States to take
testimony, it may be obtained from the clerk of the superior court of
the county in which the witness is to be examined.
(c) To require attendance out of court, in cases not provided for
in subdivision (a), before a judge, justice, or other officer
authorized to administer oaths or take testimony in any matter under
the laws of this state, it is obtainable from the judge, justice, or
other officer before whom the attendance is required.
If the subpoena is to require attendance before a court, or at the
trial of an issue therein, it is obtainable from the clerk, as of
course, upon the application of the party desiring it. If it is
obtained to require attendance before a commissioner or other officer
upon the taking of a deposition, it must be obtained, as of course,
from the clerk of the superior court of the county wherein the
attendance is required upon the application of the party requiring
it.

1986.1. Subpoena to Journalist
(a) No testimony or other evidence given by a journalist
under subpoena in a civil or criminal proceeding may be construed as
a waiver of the immunity rights provided by subdivision (b) of
Section 2 of Article I of the California Constitution.
(b) Because important constitutional rights of a third-party
witness are adjudicated when rights under subdivision (b) of Section
2 of Article I of the California Constitution are asserted, except in
exigent circumstances a journalist who is subpoenaed in any civil or
criminal proceeding shall be given at least five days' notice by the
party issuing the subpoena that his or her appearance will be
required.
(c) If a trial court holds a journalist in contempt of court in a
criminal proceeding notwithstanding subdivision (b) of Section 2 of
Article I of the California Constitution, the court shall set forth
findings, either in writing or on the record, stating at a minimum,
why the information will be of material assistance to the party
seeking the evidence, and why alternate sources of the information
are not sufficient to satisfy the defendant's right to a fair trial
under the Sixth Amendment to the United States Constitution and
Section 15 of Article I of the California Constitution.
(d) As used in this section, "journalist" means the persons
specified in subdivision (b) of Section 2 of Article I of the
California Constitution.

1986.5. Witness Fees
Any person who is subpoenaed and required to give a
deposition shall be entitled to receive the same witness fees and
mileage as if the subpoena required him or her to attend and testify
before a court in which the action or proceeding is pending.
Notwithstanding this requirement, the only fees owed to a witness who
is required to produce business records under Section 1560 of the
Evidence Code pursuant to a subpoena duces tecum, but who is not
required to personally attend a deposition away from his or her place
of business, shall be those prescribed in Section 1563 of the
Evidence Code.

1987. Manner of Service
(a) Except as provided in Sections 68097.1 to 68097.8,
inclusive, of the Government Code, the service of a subpoena is made
by delivering a copy, or a ticket containing its substance, to the
witness personally, giving or offering to the witness at the same
time, if demanded by him or her, the fees to which he or she is
entitled for travel to and from the place designated, and one day's
attendance there. The service shall be made so as to allow the
witness a reasonable time for preparation and travel to the place of
attendance. The service may be made by any person. If service is to
be made on a minor, service shall be made on the minor's parent,
guardian, conservator, or similar fiduciary, or if one of those
persons cannot be located with reasonable diligence, service shall be
made on any person having the care or control of the minor or with
whom the minor resides or by whom the minor is employed, and on the
minor if the minor is 12 years of age or older. If the minor is
alleged to come within the description of Section 300, 601, or 602 of
the Welfare and Institutions Code and the minor is not in the
custody of a parent or guardian, regardless of the age of the minor,
service also shall be made upon the designated agent for service of
process at the county child welfare department or the probation
department under whose jurisdiction the minor has been placed.
(b) In the case of the production of a party to the record of any
civil action or proceeding or of a person for whose immediate benefit
an action or proceeding is prosecuted or defended or of anyone who
is an officer, director, or managing agent of any such party or
person, the service of a subpoena upon any such witness is not
required if written notice requesting the witness to attend before a
court, or at a trial of an issue therein, with the time and place
thereof, is served upon the attorney of that party or person. The
notice shall be served at least 10 days before the time required for
attendance unless the court prescribes a shorter time. If entitled
thereto, the witness, upon demand, shall be paid witness fees and
mileage before being required to testify. The giving of the notice
shall have the same effect as service of a subpoena on the witness,
and the parties shall have those rights and the court may make those
orders, including the imposition of sanctions, as in the case of a
subpoena for attendance before the court.
(c) If the notice specified in subdivision (b) is served at least
20 days before the time required for attendance, or within any
shorter period of time as the court may order, it may include a
request that the party or person bring with him or her books,
documents or other things. The notice shall state the exact
materials or things desired and that the party or person has them in
his or her possession or under his or her control. Within five days
thereafter, or any other time period as the court may allow, the
party or person of whom the request is made may serve written
objections to the request or any part thereof, with a statement of
grounds. Thereafter, upon noticed motion of the requesting party,
accompanied by a showing of good cause and of materiality of the
items to the issues, the court may order production of items to which
objection was made, unless the objecting party or person establishes
good cause for nonproduction or production under limitations or
conditions. The procedure of this subdivision is alternative to the
procedure provided by Sections 1985 and 1987.5 in the cases herein
provided for, and no subpoena duces tecum shall be required.
Subject to this subdivision, the notice provided in this
subdivision shall have the same effect as is provided in subdivision
(b) as to a notice for attendance of that party or person.

1987.1. Motion to Quash, Modification, or Directing Compliance
(a) If a subpoena requires the attendance of a witness or
the production of books, documents, or other things before a court,
or at the trial of an issue therein, or at the taking of a
deposition, the court, upon motion reasonably made by any person
described in subdivision (b), or upon the court's own motion after
giving counsel notice and an opportunity to be heard, may make an
order quashing the subpoena entirely, modifying it, or directing
compliance with it upon those terms or conditions as the court shall
declare, including protective orders. In addition, the court may make
any other order as may be appropriate to protect the person from
unreasonable or oppressive demands, including unreasonable violations
of the right of privacy of the person.
(b) The following persons may make a motion pursuant to
subdivision (a):
(1) A party.
(2) A witness.
(3) A consumer described in Section 1985.3.
(4) An employee described in Section 1985.6.
(5) A person whose personally identifying information, as defined
in subdivision (b) of Section 1798.79.8 of the Civil Code, is sought
in connection with an underlying action involving that person's
exercise of free speech rights.
(c) Nothing in this section shall require any person to move to
quash, modify, or condition any subpoena duces tecum of personal
records of any consumer served under paragraph (1) of subdivision (b)
of Section 1985.3 or employment records of any employee served under
paragraph (1) of subdivision (b) of Section 1985.6.

1987.2. Reasonable Expenses for Motion Under CCP 1987, 1987.1
(a) Except as specified in subdivision (b), in making an
order pursuant to motion made under subdivision (c) of Section 1987
or under Section 1987.1, the court may in its discretion award the
amount of the reasonable expenses incurred in making or opposing the
motion, including reasonable attorney's fees, if the court finds the
motion was made or opposed in bad faith or without substantial
justification or that one or more of the requirements of the subpoena
was oppressive.
(b) If a motion is filed under Section 1987.1 for an order to
quash or modify a subpoena from a court of this state for personally
identifying information, as defined in subdivision (b) of Section
1798.79.8 of the Civil Code, for use in an action pending in another
state, territory, or district of the United States, or in a foreign
nation, and that subpoena has been served on any Internet service
provider, or on the provider of any other interactive computer
service, as defined in Section 230(f)(2) of Title 47 of the United
States Code, if the moving party prevails, and if the underlying
action arises from the moving party's exercise of free speech rights
on the Internet and the respondent has failed to make a prima facie
showing of a cause of action, the court shall award the amount of the
reasonable expenses incurred in making the motion, including
reasonable attorney's fees.

1987.3. Mileage Limitation Does not Apply to Subpoena for Records Only
When a subpoena duces tecum is served upon a custodian of
records or other qualified witness as provided in Article 4
(commencing with Section 1560) of Chapter 2 of Division 11 of the
Evidence Code, and his personal attendance is not required by the
terms of the subpoena, Section 1989 shall not apply.

1987.5. Subpoena Duces Tecum Invalid if Served Without Declaration Describing Records
The service of a subpoena duces tecum is invalid unless at
the time of such service a copy of the affidavit upon which the
subpoena is based is served on the person served with the subpoena.
In the case of a subpoena duces tecum which requires appearance and
the production of matters and things at the taking of a deposition,
the subpoena shall not be valid unless a copy of the affidavit upon
which the subpoena is based and the designation of the materials to
be produced, as set forth in the subpoena, is attached to the notice
of taking the deposition served upon each party or its attorney as
provided in Chapter 3 (commencing with Section 2002) and in Title 4
(commencing with Section 2016.010). If matters and things are
produced pursuant to a subpoena duces tecum in violation of this
section, any other party to the action may file a motion for, and the
court may grant, an order providing appropriate relief, including,
but not limited to, exclusion of the evidence affected by the
violation, a retaking of the deposition notwithstanding any other
limitation on discovery proceedings, or a continuance. The party
causing the subpoena to be served shall retain the original affidavit
until final judgment in the action, and shall file the affidavit
with the court only upon reasonable request by any party or witness
affected thereby. This section does not apply to deposition
subpoenas commanding only the production of business records for
copying under Article 4 (commencing with Section 2020.410) of Chapter
6 of Title 4.

1988. Service on Concealed witness by Breaking Into Building or Vessel
If a witness is concealed in a building or vessel, so as to
prevent the service of subpoena upon him, any Court or Judge, or any
officer issuing the subpoena, may, upon proof by affidavit of the
concealment, and of the materiality of the witness, make an order
that the Sheriff of the county serve the subpoena; and the Sheriff
must serve it accordingly, and for that purpose may break into the
building or vessel where the witness is concealed.

1989. Subpoena may Only Compel California Resident Witness
A witness, including a witness specified in subdivision (b)
of Section 1987, is not obliged to attend as a witness before any
court, judge, justice or any other officer, unless the witness is a
resident within the state at the time of service.

1990. Witness Present in Court May be Compeled to Testify
A person present in Court, or before a judicial officer, may
be required to testify in the same manner as if he were in attendance
upon a subpoena issued by such Court or officer.

1991. Witness Who Refuses to Comply May be Ordered to Attend Trial
Disobedience to a subpoena, or a refusal to be sworn, or to
answer as a witness, or to subscribe an affidavit or deposition when
required, may be punished as a contempt by the court issuing the
subpoena.
When the subpoena, in any such case, requires the attendance of
the witness before an officer or commissioner out of court, it is the
duty of the officer or commissioner to report any disobedience or
refusal to be sworn or to answer a question or to subscribe an
affidavit or deposition when required, to the court issuing the
subpoena. The witness shall not be punished for any refusal to be
sworn or to answer a question or to subscribe an affidavit or
deposition, unless, after a hearing upon notice, the court orders the
witness to be sworn, or to so answer or subscribe and then only for
disobedience to the order.
Any judge, justice, or other officer mentioned in subdivision (c)
of Section 1986, may report any disobedience or refusal to be sworn
or to answer a question or to subscribe an affidavit or deposition
when required to the superior court of the county in which attendance
was required; and the court thereupon has power, upon notice, to
order the witness to perform the omitted act, and any refusal or
neglect to comply with the order may be punished as a contempt of
court.
In lieu of the reporting of the refusal as hereinabove provided,
the party seeking to obtain the deposition or to have the deposition
or affidavit signed, at the time of the refusal may request the
officer or commissioner to notify the witness that at a time stated,
not less than five days nor more than 20 days from the date of the
refusal, he or she will report the refusal of the witness to the
court and that the party will, at that time, or as soon thereafter as
he or she may be heard, apply to the court for an order directing
the witness to be sworn, or to answer as a witness, or subscribe the
deposition or affidavit, as the case may be, and that the witness is
required to attend that session of the court.
The officer or commissioner shall enter in the record of the
proceedings an exact transcription of the request made of him or her
that he or she notify the witness that the party will apply for an
order directing the witness to be sworn or to answer as a witness or
subscribe the deposition or affidavit, and of his or her notice to
the witness, and the transcription shall be attached to his or her
report to the court of the refusal of the witness. The report shall
be filed by the officer with the clerk of the court issuing the
subpoena, and the witness shall attend that session of the court, and
for failure or refusal to do so may be punished for contempt.
At the time so specified by the officer, or at a subsequent time
to which the court may have continued the matter, if the officer has
theretofore filed a report showing the refusal of the witness, the
court shall hear the matter, and without further notice to the
witness, may order the witness to be sworn or to answer as a witness
or subscribe the deposition or affidavit, as the case may be, and may
in the order specify the time and place at which compliance shall be
made or to which the taking of the deposition is continued.
Thereafter if the witness refuses to comply with the order he or she
may be punished for contempt.

1991.1. Witness Who Disobeys Subpoena May be Punished as Contempt
Disobedience to a subpoena requiring attendance of a
witness before an officer out of court in a deposition taken pursuant
to Title 4 (commencing with Section 2016.010), or refusal to be
sworn as a witness at that deposition, may be punished as contempt,
as provided in subdivision (e) of Section 2023.030, without the
necessity of a prior order of court directing compliance by the
witness.

1991.2. Provisions of CCP 1991 Do Not Apply to Disobedience of Deposition Subpoena
The provisions of Section 1991 do not apply to any act or
omission occurring in a deposition taken pursuant to Title 4
(commencing with Section 2016.010). The provisions of Chapter 7
(commencing with Section 2023.010) of Title 4 are exclusively
applicable.

1992. $500 Sanction for Witness Who Refuses to Comply
A person failing to appear pursuant to a subpoena or a court
order also forfeits to the party aggrieved the sum of five hundred
dollars ($500), and all damages that he or she may sustain by the
failure of the person to appear pursuant to the subpoena or court
order, which forfeiture and damages may be recovered in a civil
action.

1995. Witness in Custody
If the witness be a prisoner, confined in a jail within this
state, an order for his examination in the jail upon deposition, or
for his temporary removal and production before a court or officer
may be made as follows:
1. By the court itself in which the action or special proceeding
is pending, unless it be a small claims court.
2. By a justice of the Supreme Court, or a judge of the superior
court of the county where the action or proceeding is pending, if
pending before a small claims court, or before a judge or other
person out of court.

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