§ 1986.Subpoena; obtainable

Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Last amended 2007 · Last verified July 29, 2026

In one sentenceSection 1986 identifies who issues a subpoena depending on the setting: the clerk of the court where the action is pending for court or deposition attendance, the clerk of the superior court in the county of examination for testimony before an out-of-state or federal commissioner, and the judge or officer before whom out-of-court attendance is required in other cases.

Full Text of § 1986

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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.

End

Plain-English Summary

Section 1985 defines what a subpoena is; this section says where to go and get one. For attendance before a court, at the trial of an issue there, or at a deposition in a pending action, the subpoena comes from the clerk of the court where the action or proceeding is pending.

A different rule applies to testimony taken for use in another jurisdiction. To require attendance before a commissioner appointed by a foreign country's court, a federal court, or another state's court, or before an officer empowered under federal law to take testimony, the subpoena issues from the clerk of the superior court in the county where the witness will be examined. For every other out-of-court situation, attendance before a judge, justice, or other officer authorized to administer oaths or take testimony under California law, the subpoena comes from that same judge, justice, or officer.

The section closes with a reminder that getting a subpoena for court attendance is a matter of course: the clerk issues it on the requesting party's application, and a subpoena for a deposition likewise issues as a matter of course from the superior court clerk in the county where the examination will take place.

Frequently Asked Questions

Who issues a subpoena for attendance before the court where the case is pending?

The clerk of that court, on the party's application, as a matter of course.

Where does a party get a subpoena to take testimony for a case pending in another state?

From the clerk of the superior court in the California county where the witness is to be examined.

Who issues a subpoena for out-of-court attendance before a judge or similar officer under California law?

The judge, justice, or other officer before whom the attendance is required.

Amendment History

(Enacted in 1872. Amended by Stats.1907, c. 391, p. 730, § 1; Stats.1929, c. 110, p. 197, § 1; Stats.1957, c. 1904, p. 3321, § 2, operative Jan. 1, 1958; Stats.1979, c. 458, p. 1607, § 2; Stats.2007, c. 263 (A.B.310), § 14.)

Source & verification. Section text is reproduced verbatim from the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: who issues a subpoena californiasubpoena for out of state deposition testimony