Form SUBP-002 at a glance
What it is: SUBP-002 is the CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and DECLARATION.
Who signs: CLERK OF THE COURT: (TYPE OR PRINT NAME) and (SIGNATURE OF PERSON ISSUING SUBPOENA). SUBPOENAING PARTY or ATTORNEY FOR SUBPOENAING PARTY: (TYPE OR PRINT NAME) and (SIGNATURE OF SUBPOENAING PARTY). I served this Civil Subpoena: sign the (SIGNATURE) line under I declare under penalty of perjury; a California sheriff or marshal signs the (SIGNATURE) line under I certify that it is true and correct (for California sheriff or marshal use only).
A filled-in Form SUBP-002 example: an attorney subpoenas a records custodian
How to fill out Form SUBP-002, box by box
Attorney or party without attorney, telephone, fax, e-mail and attorney for
Enter the ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address), the TELEPHONE NO., FAX NO. and E-MAIL ADDRESS, and the ATTORNEY FOR (Name).
Name of court, street address, mailing address, city and zip code and branch name
Enter the NAME OF COURT, the STREET ADDRESS, the MAILING ADDRESS, the CITY AND ZIP CODE and the BRANCH NAME.
Plaintiff/ petitioner, defendant/ respondent and case number
Enter the PLAINTIFF/ PETITIONER, the DEFENDANT/ RESPONDENT and the CASE NUMBER.
Witness, and 1. Date, Time, Dept., Div., Room and Address
Enter the name, address, and telephone number of the witness, if known.
Item 1 orders the witness to appear as a witness in this action at the date, time, and place shown in the box, UNLESS the appearance is excused as indicated in box 3b or the witness makes an agreement with the person named in item 4.
In the box, enter a. Date, Time, Dept., Div. and Room, and b. Address.
2. Custodian of consumer or employee records, 3. You are, 4. Name of subpoenaing party or attorney and Telephone number, and 5. Witness Fees
Check item 3a or 3b, and enter item 4. In item 2 to item 5, "you" means the person served. 2. If you have been served with this subpoena as a custodian of consumer or employee records under Code of Civil Procedure section 1985.3 or 1985.6 and a motion to quash or an objection has been served on you, a court order or agreement of the parties, witnesses, and consumer or employee affected must be obtained before you are required to produce consumer or employee records. 3. You are (item a or b must be checked): a. Ordered to appear in person and to produce the records described in the declaration on page two or the attached declaration or affidavit. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena. b. Not required to appear in person if you produce (i) the records described in the declaration on page two or the attached declaration or affidavit and (ii) a completed declaration of custodian of records in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope (or other wrapper). Enclose the original declaration of the custodian with the records. Seal the envelope. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number; your name; and the date, time, and place from item 1 in the box above. (3) Place this first envelope in an outer envelope, seal it, and mail it to the clerk of the court at the address in item 1. (4) Mail a copy of your declaration to the attorney or party listed at the top of the form. 4. If you have any questions about the time or date you are to appear, or if you want to be certain that your presence is required, contact the following person before the date on which you are to appear: a. Name of subpoenaing party or attorney: b. Telephone number: 5. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them at the time of service. You may request them before your scheduled appearance from the person named in item 4.
Date issued
Enter the Date issued.
Supported by (check one) the attached affidavit or the following declaration, and 1. plaintiff, defendant, petitioner, respondent, attorney for or other (specify)
The production of the documents, electronically stored information, or other things sought by the subpoena on page one is supported by (check one): the attached affidavit or the following declaration.
After I, the undersigned, declare I am the, mark plaintiff, defendant, petitioner or respondent, or enter attorney for (specify): or other (specify): in the action.
2. Documents to be produced, 3. Good cause and 4. Material to the issues
The witness has possession or control of the documents, electronically stored information, or other things, and shall produce them at the time and place specified in the Civil Subpoena on page one of this form: specify the exact documents or other things to be produced, and if electronically stored information is demanded, the form or forms in which each type of information is to be produced may be specified. Check Continued on Attachment 2.
Good cause exists for the production of the documents, electronically stored information, or other things described in paragraph 2 for the following reasons.
The documents, electronically stored information, or other things described in paragraph 2 are material to the issues involved in this case for the following reasons. Check Continued on Attachment 3. or Continued on Attachment 4. when paragraph 3 or 4 is continued.
Date under I declare under penalty of perjury
Under I declare under penalty of perjury under the laws of the State of California that it is true and correct, enter the Date.
Proof of service of civil subpoena: a. Person served, b. Address where served, c. Date of delivery and d. Time of delivery
PROOF OF SERVICE OF CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and DECLARATION: 1. I served this Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration by personally delivering a copy to the person served as follows.
Enter a. Person served (name), b. Address where served, c. Date of delivery and d. Time of delivery.
e. Witness fees and f. Fee for service
e. Witness fees (check one): (1) were offered or demanded and paid, with the Amount, or (2) were not demanded or paid.
f. Enter the Fee for service.
2. I received this subpoena for service on (date)
2. Enter the date the subpoena was received for service: I received this subpoena for service on (date).
3. Person serving
3. Person serving: check the box that applies, a to g. a. Not a registered California process server. b. California sheriff or marshal. c. Registered California process server. d. Employee or independent contractor of a registered California process server. e. Exempt from registration under Business and Professions Code section 22350(b). f. Registered professional photocopier. g. Exempt from registration under Business and Professions Code section 22451. Then enter h. Name, address, telephone number, and, if applicable, county of registration and number.
Date under I declare under penalty of perjury, and California sheriff or marshal use only
Under I declare under penalty of perjury, enter the Date.
(For California sheriff or marshal use only) I certify that it is true and correct.
More rules for Form SUBP-002
Request for Accommodations: Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the date on which you are to appear. Contact the clerk's office or go to www.courts.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Response (form MC-410). (Civil Code, § 54.8.)
Common questions about Form SUBP-002
Is there a penalty?
Disobedience of this subpoena may be punished as contempt by this court. You will also be liable for the sum of five hundred dollars and all damages resulting from your failure to obey. (checked October 23, 2026)
Sources
[1] Form SUBP-002 (Rev. January 1, 2012), Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration, Judicial Council of California (the Official source link on this page).
