How to Serve a Subpoena in California

How to Serve a Subpoena in California: A Step-by-Step Guide

If you're involved in a legal case and need to obtain documents or compel someone to appear in court, serving a subpoena is often necessary. Whether you're an attorney, a business owner, or representing yourself (pro per), this guide breaks down the steps to legally and effectively serve a subpoena in California.

What Is a Subpoena? A subpoena is a legal document that orders a person to appear in court (Subpoena Ad Testificandum) or produce documents (Subpoena Duces Tecum). In California, subpoenas are often used in civil cases such as divorces, business disputes, or small claims.

Step 1: Choose the Right Subpoena Form

Depending on what you're asking for, use one of the following:

• SUBP-001: Civil Subpoena (Appearance at Trial or Hearing)

• SUBP-002: Civil Subpoena (Appearance and Production of Documents at Hearing)

• SUBP-010: Subpoena Duces Tecum (Production of Business Records)

Download these forms from the California Courts website or get help from a Legal Document Assistant like CaliDocs.

Step 2: Fill Out the Forms Make sure the forms are complete, accurate, and include:

• Case name and number

• Correct names and addresses

• What is being requested and when it’s due

Attach a description of the documents you need, if applicable (especially for SUBP-010).

Step 3: Serve the Subpoena In California, subpoenas must be served by someone over 18 who is not involved in the case. A registered process server is highly recommended.

You can serve by:

• Personal service (required for most subpoenas)

• Mail (only in specific cases, and often with a Notice to Consumer)

Step 4: Include a Notice to Consumer (If Required) If the subpoena involves personal records (like medical or financial documents), you must also serve a Notice to Consumer (SUBP-025) and wait at least 15 calendar days before the production date.

Step 5: File a Proof of Service After the subpoena is served, you must file a Proof of Service form (such as POS-030 or POS-040) with the court to show it was delivered properly.

Need Help? CaliDocs Can Assist. At CaliDocs, we specialize in preparing and serving subpoenas across California. Whether you need help choosing the right form or ensuring service is done legally and on time, we’re here to help.

Contact us today to get started.

Disclaimer: This blog post is for informational purposes only and is not legal advice.