How to File a Subpoena in California: A Comprehensive Guide

 Filing a subpoena in California—particularly when it originates from another state—requires adherence to specific legal procedures to ensure enforceability. This process, known as subpoena domestication, allows an out-of-state subpoena to be recognized and enforced by California courts.

This article outlines the steps involved, the role of e-filing, e-recording, and Process Serving, and common pitfalls to avoid.


Understanding Subpoena Domestication

Subpoena domestication is the process of converting an out-of-state subpoena into one that complies with California law. Without this step, California courts will not compel compliance from individuals or entities located within the state.

A domesticated subpoena may be used to:

  • Obtain documents stored in California.

  • Compel an individual’s testimony.

  • Require attendance at a deposition.

When Domestication Is Required

Domestication is necessary when:

  • The subpoena was issued outside of California.

  • The person or entity to be served resides or operates in California.

  • The records or evidence requested are physically located in California.

Step-by-Step Process for Filing a Subpoena in California

1. Prepare Required Documents

Obtain:

  • The original subpoena from the issuing jurisdiction.

  • The correct California Judicial Council subpoena form (e.g., SUBP-035, SUBP-040, SUBP-045, or SUBP-050).

  • Any supporting documentation required under California law, such as notice to consumer or business records affidavit.

2. File with the Appropriate Court

File the subpoena with the Superior Court in the county where the records or witness are located. Many counties now allow e-filing, providing faster submission and confirmation. In counties without e-filing, filing must be done in person or via mail.

3. Pay Applicable Fees

Filing fees typically range from $45 to $60. Additional witness fees may be necessary if personal appearance is requested.

4. Await Court Approval

The court will review the submission. If compliant, the clerk will issue a California subpoena mirroring the original’s terms but enforceable within the state.

5. Serve the Subpoena

Once issued, the subpoena must be served in accordance with California law. Professional Process Serving ensures proper delivery, accurate documentation, and compliance with deadlines.

6. File Proof of Service

In many jurisdictions, proof of service can be submitted via e-recording, maintaining a clear and accessible digital case record.

The Role of E-Filing, E-Recording, and Process Serving

  • E-Filing: Expedites court submission and provides instant confirmation.

  • E-Recording: Digitally stores proof of service and related documents in court records.

  • Process Serving: Guarantees lawful delivery of subpoenas, preventing delays or invalidation.

These tools work best when used together, ensuring a streamlined and error-free domestication process.

Common Mistakes to Avoid

  1. Using the incorrect Judicial Council form.

  2. Leaving out essential case or party information.

  3. Not confirming local court procedures.

  4. Improperly serving the subpoena.

  5. Failing to pay all required fees.

Conclusion

Knowing how to file a subpoena in California—and understanding subpoena domestication—is essential for attorneys, paralegals, and individuals engaged in litigation involving California-based parties or records. Leveraging e-filing, e-recording, and Process Serving not only speeds the process but also reduces the likelihood of costly errors.

By following the proper procedures, litigants can ensure their subpoenas are enforceable and their legal objectives are met efficiently.

Get professional assistance with subpoenas and e-filing in  California — reach out to Countrywide now.

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