Deposition Subpoena for Personal Appearance

A deposition subpoena for personal appearance is a court-issued command under California Code of Civil Procedure §2020.310, which orders a witness to appear and give sworn oral testimony at a deposition. This subpoena for personal appearance names a specific date, time, and location, and it puts a natural person under oath to answer questions before a court reporter. It’s one of the core discovery tools in California civil procedure, and it’s how attorneys get testimony from someone who isn’t a party to the case.

On-Call Legal has served legal documents since 1999, over 15 years of process-serving work across all 58 California counties and all 50 states. We’re members of NAPPS and CALSPro, and we log every service attempt with a timestamp in a client portal and provide a court-acceptable proof of service, with 24-hour rush and same-day options available. If you need a deposition subpoena served correctly, our subpoena service team handles it end-to-end, and you can contact us today to get your documents moving.

This article covers what a deposition subpoena for personal appearance is, the three types of California deposition subpoenas, the legal requirements and fees, how to respond, and how this subpoena differs from other subpoenas.

Understanding the Deposition Subpoena for Personal Appearance

A deposition is out-of-court testimony taken under oath, usually at a law office or some other non-courtroom location rather than in a courtroom. During the discovery phase of a lawsuit, both sides gather evidence, and deposition testimony is one of the most valuable forms of evidence they obtain. A deposition subpoena is the legal instrument that compels a non-party, someone who isn’t the plaintiff or defendant, to attend and testify.

The personal-appearance version does one thing. It requires the deponent to show up and answer questions. It doesn’t, by itself, ask for records or documents. That distinction matters because a different form gets used when a party also wants document production. A subpoena for personal appearance keeps the focus on live testimony, which the court reporter records word for word. And depositions can be expensive. A wasted date is money lost, so getting the paperwork right protects everyone’s time and resources.

A common idea is that a deposition happens in a courtroom. It usually doesn’t. Most depositions take place in a conference room with the attorneys, the witness, and a court reporter present. Some are captured as audio or video too when the noticing party plans to play the testimony later, and the subpoena has to disclose that recording method up front. Securing a reporter isn’t always simple. According to the Judicial Branch of California’s 2026 report on the court-reporter shortage, about 3 million hearings in unlimited civil, family law, and probate cases went forward without a verbatim record between April 2023 and March 2026, and the state needs roughly 458 more full-time reporters. That scarcity is one more reason to schedule and serve a deposition with enough lead time.

California Code of Civil Procedure §2020.020 sets out the three ways a deposition subpoena can command a witness, and §2020.310 governs the personal-appearance type specifically. Under §2020.310, the subpoena must state the time and place of the deposition, summarize what a deposition is, spell out the deponent’s rights and duties, and warn of the penalties for disobedience. If the deposition will be recorded by audio, video, or instant visual display, the subpoena must state this. And when the deponent is an organization rather than an individual, the subpoena must describe the matters for examination with reasonable particularity, and then the organization designates the person most qualified to testify.

The Three Types of California Deposition Subpoena

California recognizes three distinct deposition subpoenas, each with its own Judicial Council form, and picking the right one is the first step in any deposition. The table below breaks down all three so you can match the subpoena to your situation.

A few points make this table easier to apply:

1. SUBP-010 (Personal Appearance): Use this when you want a person to testify and nothing more. It’s the form at the center of this article.
2. SUBP-015 (Personal Appearance and Production): This form is the “duces tecum” deposition subpoena. It requires the witness to attend, testify, and bring the requested documents described in an attachment to the form.
3. SUBP-020 (Business Records): This form goes to a records custodian, like an organization’s document keeper, and asks only for copies of records. Nobody testifies.

One caution worth flagging. SUBP-001 and SUBP-002 are trial subpoenas, not deposition subpoenas. SUBP-001 is the civil subpoena for personal appearance at trial, and SUBP-002 is the civil subpoena (duces tecum) for trial. Don’t use them for a deposition. You can find and download all of these on the Judicial Council forms page at courts.ca.gov, where SUBP-010 and its companions are available as fillable PDFs. The website also hosts self-help resources that explain how each form works, and that’s a good place to start before you fill one out.

Key Legal Requirements and Rules Governing Deposition Subpoenas

California deposition practice is its own body of law, and a valid subpoena has to satisfy several statutory rules. First, one clarification on the federal side. Federal Rule of Civil Procedure 45 (FRCP 45) governs subpoenas in federal court cases, including federal deposition subpoenas. Everything in this article is California state practice under the Code of Civil Procedure. The two systems are separate, and California’s rules on distance, fees, and service are what apply when your action is pending in a California superior court.

The demand for depositions tracks the sheer volume of civil litigation in the state. According to the Judicial Council of California’s 2025 Court Statistics Report, California superior courts saw 886,644 civil filings in fiscal year 2023-24, part of more than 4.8 million total cases. Every one of those cases can generate discovery, and depositions are a routine part of that work.

Distance Limits on Where a Deposition Can Be Held

California caps how far a natural person can be forced to travel for a deposition. Under CCP §2025.250(a), the noticing party gets two options, and it can pick either one:

• The deposition is held within 75 miles of the deponent’s residence, or
• The deposition is held within the county where the action is pending and within 150 miles of the deponent’s residence.

The 150-mile prong is tied to the county where the action is pending, not the county of residence or employment. A court order or a stipulation between the parties can modify these limits, so if both sides agree to a different location, they can set it by agreement. Otherwise, one of the two conditions above must be met.

Witness Fees You Must Pay

A California deposition subpoena for personal appearance isn’t effective unless the witness fee is properly tendered. The fees are set by statute, not by the parties, and here’s what applies:

1. Ordinary witness fee: $35 per day for actual attendance, under Government Code §68093.
2. Mileage and travel expenses: $0.20 per mile, both ways, which means round trip, also under Government Code §68093. This mileage payment covers the witness’s travel expenses to and from the deposition.
3. When it must be paid: Under CCP §2020.230, the party that noticed the deposition has to tender the §68093 fee and mileage whether or not the witness demands it, either at the time of service or when the deponent testifies.
4. Public employees and peace officers: Tender a $275-per-day deposit with the subpoena under Government Code §68097.2. The public entity is paid the officer’s actual salary and costs, and any amount over or under the $275 deposit is refunded or billed.
5. Expert witnesses: Pay the expert’s reasonable and customary hourly or daily fee for the time spent at the deposition under CCP §2034.430.

Getting the fee right isn’t a formality. The tender is part of what makes the subpoena enforceable, and a missed fee gives a witness a clean reason to skip the date. A process server you hired should ensure the correct fee is included with the subpoena at the time of service, so there’s no gap the witness can point to later.

“A deposition subpoena for personal appearance only works if it’s served the right way,” says Brandon Yadegar, Director at On-Call Legal. “We serve it in person, tender the witness fee, and give the witness enough time to travel so the appearance holds up, and the deposition actually goes forward.”

Service and Timing Rules for Deposition Subpoenas

Service is where a lot of deposition subpoenas succeed or fail. Under CCP §2020.220, a deposition subpoena is served by personal delivery of a copy to the witness. For a natural person, that means handing it to the individual. For an organization, it goes to an officer, director, custodian, or agent authorized to accept service. Personal service on a California resident requires that resident to attend, testify, and produce anything specified, and it may lead to sanctions if the person ignores it.

Timing works differently than most people expect, and it’s a common source of confusion:

1. Non-party personal-appearance subpoena: There’s no fixed statutory day count. CCP §2020.220 requires service to be provided far enough in advance to give the witness a reasonable opportunity to travel and prepare, meeting the “reasonable time” or “sufficient time in advance” standard.
2. Party deposition notice: When a party notices the deposition of another party, CCP §2025.270(a) sets a floor of at least 10 days after service of the deposition notice. That 10-day rule is a party-notice requirement, not the standard for compelling a non-party by subpoena.

Don’t treat the 10-day party-notice floor as a flat rule for every deposition. For a non-party witness served by subpoena, the test is reasonable, giving the person enough advance notice to arrange travel and attendance.

How to Respond to a Deposition Subpoena for Personal Appearance

When you receive a deposition subpoena, you have a legal obligation to appear and testify under oath. If a subpoena arrives, don’t ignore it. The actions you take in the first few days matter, so here’s a practical, step-by-step way to respond. This is general procedural information, not legal advice, and you should consult your attorney about your specific situation.

1. Confirm receipt and read it closely. Check the date, time, and location, and confirm whether the subpoena asks only for your appearance or also for documents. A personal-appearance subpoena on form SUBP-010 asks you to testify, not to bring records.
2. Calendar the date and note the location. Verify the deposition falls within the distance limits and that you have enough advance time to attend. Put the date on your calendar right away.
3. Check that the witness fee was tendered. You’re entitled to the statutory witness fee and mileage. If it wasn’t provided, that’s worth raising.
4. Gather what you need. For a personal-appearance-only subpoena, you’re testifying from knowledge, so review anything that helps you recall the events accurately. Bring documents only if a SUBP-015 subpoena requires it.
5. Consider grounds to object to or challenge it. If the subpoena is defective, overbroad, or improperly served, you can respond with a written objection, a motion to quash, or a request for a protective order to protect your interests. Our explainer on what makes a subpoena invalid lists common defects worth checking.
6. Consult your attorney. An attorney can review the subpoena, advise you on whether to comply or challenge it, and represent you at the deposition. If you don’t have counsel, now is the time to get some.
7. Appear and testify, or resolve it in advance. Unless the subpoena is quashed or modified, you’re expected to attend on the date listed.

A motion to quash is the formal way to ask the court to set aside or limit a subpoena. Common grounds include improper service, an unreasonable distance, an invalid or overbroad demand, or a missing witness fee. A protective order can also narrow the scope or change the terms. These are procedural options, and how you apply them depends on your facts, so please consult an attorney before you file anything.

Consequences of Avoiding Service or Non-Compliance

California treats a deposition subpoena as a court order, and the penalties for ignoring one are real. Under CCP §2020.240, a witness who disobeys a deposition subpoena can be punished for contempt without the need for a prior court order, and that person is also liable under CCP §1992 for a forfeiture and damages. Section 1991 makes disobedience of a properly served subpoena a contempt of the court, and §1992 sets a $500 forfeiture payable to the aggrieved party plus any actual damages the person suffers from the failure to attend.

There’s a separate enforcement path for depositions of parties. Under CCP §2025.450, a party can bring a motion to compel attendance and testimony, and the court will impose mandatory monetary sanctions against whichever side loses, unless that side acted with substantial justification. Evading service doesn’t make the problem go away either. A diligent process server can document the attempts, and the court can act on that record.

Differences Between a Deposition Subpoena for Personal Appearance and Other Subpoenas

People often blur the terms, so it helps to pull them apart. A subpoena is a court-issued document, an order that commands a person to do something. A deposition is the event, the session, in which a witness gives sworn testimony. The subpoena is the tool that produces the deposition. A subpoena is the document that commands attendance, while the deposition is the event where testimony is given.

The next distinction is between a personal-appearance subpoena and a subpoena duces tecum. A personal-appearance subpoena (SUBP-010) asks only for testimony. A deposition subpoena for personal appearance and production of documents (SUBP-015) is the duces tecum version of the personal-appearance subpoena. It asks the witness to attend, testify, and bring records described in an attachment, commonly labeled “Attachment 3” on the form. A business-records-only subpoena (SUBP-020) skips testimony entirely and asks a custodian to produce records, which is how attorneys often obtain medical files. See our full guide to the subpoena duces tecum in California for the notice and timing rules that apply to records subpoenas.

A related point of confusion is the notice of deposition versus the subpoena. The parties to the case receive a notice of deposition. A deposition subpoena is what reaches a non-party who’d otherwise have no obligation to attend. Deposition law sets that boundary clearly, because a stranger to the lawsuit cannot be compelled without a properly served and paid subpoena.

Two other rules shape how depositions play out. First, a natural person is generally deposed only once. Under CCP §2025.610, taking a second deposition of the same person requires leave of court for good cause, or a stipulation between the parties. It’s a default that protects witnesses, not an absolute cap, and there are recognized exceptions, like a separate deposition of someone in an individual capacity versus as an organization’s designated witness. Second, the transcript is certified by the deposition officer once the deponent is sworn and the record is made under CCP §2025.540; a rough draft can’t be certified. The officer then sends the sealed original to the noticing party’s attorney, who keeps custody of it until six months after the final disposition of the action under CCP §2025.550 and can destroy it after that unless the court orders otherwise. Don’t confuse that with the separate six-month window under CCP §2020.440, which allows other parties to purchase copies of produced business records within six months of settlement.

Serving a Deposition Subpoena Across State Lines

Sometimes the witness lives outside California, or a California witness is needed for an out-of-state case. The Uniform Interstate Depositions and Discovery Act (UIDDA) creates a streamlined path. A subpoena issued in the trial state is presented to the clerk in the state where the witness is located, and that clerk issues a matching local subpoena. This keeps the process valid and enforceable in the witness’s home state.

Ready to Serve or Respond to a Deposition Subpoena?

A deposition subpoena for personal appearance is straightforward once you know the rules: the right form, personal service, the correct witness fee, and enough advance time for the witness to travel. Get one of those pieces wrong, and the appearance can fall apart, which costs you a date and momentum in your case. Whether you’re issuing a subpoena or trying to respond to one, doing it right the first time saves money and protects the record.

On-Call Legal has served legal documents since 1999, over 15 years of nationwide coverage across all 50 states and every one of California’s 58 counties. As NAPPS and CALSPro members, our experienced process servers log each attempt with a timestamp in a client portal, tender the required fees, and deliver a court-acceptable proof of service with 24-hour rush and same-day options. Contact us today for a free consultation, and let our team handle your deposition subpoena the right way.

Frequently Asked Questions

Drawing on our team’s experience serving and preparing deposition subpoenas across California, here are the questions witnesses and clients ask most. The answers are general procedural information, not legal advice.

What Is the Difference Between a Subpoena and a Deposition?

A subpoena is a court-issued document that commands a person to appear or produce something. A deposition is the sworn testimony session itself, which is taken outside of court. The subpoena is issued to make the deposition happen.

How Do You Get Out of a Deposition Subpoena?

You generally can’t just refuse. Your options are to file a motion to quash, request a protective order, or serve a valid written objection if the subpoena is defective, overbroad, or improperly served. Consult your attorney before you act, since the right move depends on your situation.

What Should You Not Say During a Deposition?

As general etiquette, tell the truth, listen to the full question, and answer only what’s asked. Don’t guess or speculate, and don’t volunteer information beyond the question. If a question is unclear, please request clarification. This is general information; your own attorney — not On-Call Legal — advises you on how to handle your specific testimony.

What Does Being Subpoenaed for a Deposition Mean?

It means a court has ordered you to appear at a set date and place and testify under oath as a witness. You’re legally required to attend unless the subpoena is quashed or modified. Ignoring it can lead to contempt and other penalties.

Legal Disclaimer

The information provided in this article is for general informational purposes only and does not constitute legal advice. While we strive for accuracy, laws and procedures may vary by jurisdiction and change over time. For specific legal questions, please consult a licensed attorney.