Foreign Subpoena/Out of State Subpoena 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.
To issue and serve a subpoena we need the following FOR EACH SUBPOENA:
1. $45.00 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.
7. A completed Create Account / Log-in for each subpoena to be filed and served.
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 $45.00 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 $45.00 filing fee is paid.
We no longer need a Commission or Letters Rogatory from the other state.
NO CIVIL CASE COVER SHEET IS REQUIRED per CCP 2020.300(b)(1).