The California Deposition Subpoena Form SUBP-045 is available as a free PDF download on this page. Use the guide below to fill out and serve the form correctly.
What Is the California Deposition Subpoena Form?
Form SUBP-045 is the official California deposition subpoena for personal appearance and document production. The Judicial Council of California issues this form. It allows an attorney or party to compel a witness to appear at a deposition and bring specific documents or records.
This subpoena is used when the action is pending in another state but the witness or records are located in California. It differs from a standard trial subpoena because it targets the discovery process, not a trial appearance.
What Information Do You Need Before You Fill Out This Form?
Please gather the following details before you begin:
- Full legal name and address of the deponent (the person or entity receiving the subpoena)
- Court case name, case number, and the name of the court handling the action
- Date, time, and address of the deposition location
- Name and contact information of the attorney or party who is requesting the deposition
- A complete, itemized list of all documents, electronically stored information, or items to be produced
- The format in which electronically stored information must be delivered
How to Complete Each Section of the Deposition Subpoena
Follow these steps to fill out form SUBP-045 correctly:
- Court information: Enter the full name of the court, the case name, and the case number in the top section of the form.
- Deponent information: Write the full legal name and address of the witness or records custodian who will receive the subpoena.
- Appearance details: Enter the date, time, and address where the deponent must appear. Confirm the location is accessible and complies with California law distance rules (generally within 75 miles of the deponent).
- Attorney or party details: Enter the name, bar number (if applicable), address, and phone number of the attorney or party issuing this notice.
- Documents and records: List every document, record, or item the deponent must bring. Be specific. Vague descriptions can lead to objections or non-compliance.
- Electronic records format: If you request electronically stored information, state the required format (for example, PDF or native file format).
- Signature: The issuing attorney or party must sign the subpoena before it is served.
How to Serve the California Deposition Subpoena
Personal service is required for form SUBP-045. A process server or any person over 18 who is not a party to the case can serve the deposition subpoena. The deponent must be served with the subpoena and a copy of the deposition notice at least 10 days before the scheduled deposition date.
If the deponent is a business or organization, please serve an authorized representative or officer. A proof of service form must be completed and filed after service is complete.
Common Questions About Form SUBP-045
Who can issue a California deposition subpoena?
Any attorney of record in the case can issue a deposition subpoena. A self-represented party may also issue one with approval from the court. The subpoena must comply with California Code of Civil Procedure section 2020.220.
What happens if the deponent does not comply?
A deponent who ignores a valid deposition subpoena can face contempt of court charges. The court may issue sanctions, fines, or an arrest warrant. Consult an attorney if you receive a subpoena you believe is improper.
Can the deponent object to producing documents?
Yes. The deponent or their attorney has the right to file written objections before the scheduled date. Common grounds for objection include privilege, overbreadth, or undue burden. The court will rule on any objections that cannot be resolved between the parties.
Is a witness fee required?
Yes. California law requires the party issuing the deposition subpoena to tender a check for witness fees and mileage at the time of service. The current rate is set by California Government Code section 68093. Check the current rate before serving the subpoena.
Related California Legal Forms
You may also need these related subpoena and legal forms when preparing for a deposition:
- Subpoena Duces Tecum for Deposition - use this form when you need a witness to bring documents to a deposition but not appear personally
- Criminal Subpoena Template - for use in California criminal proceedings
- Information Subpoena Form - used to obtain financial or asset information from a third party
- Subpoena Witness Form 16 - standard witness subpoena for court appearance