Foreign Subpoenas

Free Guide- Foreign Subpoenas / Out of State Subpoenas Served in California


Discovery in Out-of-State Cases - Foreign Subpoenas Served in California


Effective January 1, 2010, new laws and new mandatory forms went into effect relating to service of Subpoenas in California for cases pending in other state courts

Note: This does NOT apply to Federal Subpoenas.

Download our Interactive E-Booklet below to see a chart of the applicable filing fees and a list of the MANDATORY FORMS with links to the California Judicial Council web site where the forms may be found and filled out on-line and printed. 

Note: The client must fill out the forms.

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To issue and serve a subpoena we need the following FOR EACH SUBPOENA:

1.  $30.00 filing fee, payable to “Superior Court.”

2.  A copy of the issued foreign subpoena from the other state.

3.  A completed Application on the Mandatory Form, SUBP-030.

4.  A completed Mandatory California Subpoena,

SUBP-035, SUBP-040, SUBP-045 or SUBP-050.

5. In California a $15.00 witness fee is required at the time of service for all Production of Business Records subpoenas.

6. Also in California all Personal Appearance Subpoenas are entitled to witness fees but these are not required to be paid at the time of service, but are required to be paid at the time of appearance by the attorney if requested.

Do you have lots of subpoenas to issue out of California Superior Courts?

If you have lots of foreign subpoenas or out of state subpoenas, you may want to consider hiring local counsel and avoid the $30.00 each filing fee. A member of the California Bar Association may issue the subpoena as they would any normal California subpoena. Otherwise we will have the court clerk issue the subpoena when it is filed and the $30.00 filing fee is paid.


We no longer need a Commission or Letters Rogatory from the other state. 


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We can be in and out serving papers all day long but generally our office hours are as below. If we are not in, please complete our Fillable Work Order and put everything in an envelope and drop it through our mail slot with your payment.

If your service is a RUSH please call us TODAY at 1-510-797-9996 and let us know you dropped it off through the mail slot or emailed it to us and we will get someone by the D&R Legal Process Service, LLC. office to pick it up.

D&R Legal Process Service, LLC.

39159 Paseo Padre Pkwy. #112, Fremont, CA 94538





We are in and out of the office all the time. These hours are primarily when we will answer the phone. Feel Free to Text Message us at 1-510-366-6953.

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