Any person who is subpoenaed to appear at a session of court, or at the trial of an issue therein, may, in lieu of appearance at the time specified in the subpoena, agree with the party at whose request the subpoena was issued to appear at another time or upon such notice as may be agreed upon. Any failure to appear pursuant to such agreement may be punished as a contempt by the court issuing the subpoena. The facts establishing or disproving such agreement and the failure to appear may be proved by an affidavit of any person having personal knowledge of the facts.
§ 1985.1.Agreement to appear at time other than specified in subpoena
Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Enacted 1969 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1985.1 lets a subpoenaed witness and the requesting party agree that the witness will appear at a different time or on different notice than the subpoena states, makes a failure to honor that agreement punishable as contempt, and allows the agreement and the failure to be proved by affidavit.
Full Text of § 1985.1
Plain-English Summary
A subpoena fixes a specific time and place, but litigation schedules shift, and this section gives witnesses and the party who issued the subpoena a way to adjust without reissuing paperwork. The witness can agree with the requesting party to appear at another time, or on whatever notice the two of them work out, instead of showing up exactly when the subpoena specifies.
That flexibility comes with teeth. If the witness does not appear as the new agreement calls for, the court that issued the subpoena can treat the failure as contempt, the same consequence that would follow from ignoring the subpoena outright. Because these arrangements are often made informally, the section allows the existence of the agreement, and any failure to keep it, to be shown through an affidavit from anyone with personal knowledge of the facts, rather than requiring live testimony to sort out a scheduling dispute.
Frequently Asked Questions
Can a witness appear at a time other than the one stated in the subpoena?
Yes, if the witness and the party who requested the subpoena agree on another time or on different notice.
What happens if the witness does not appear under the agreed arrangement?
The court that issued the subpoena can punish the failure to appear as contempt.
How is the agreement or the failure to honor it proved?
By affidavit of any person with personal knowledge of the facts establishing or disproving the agreement and the failure to appear.
Amendment History
(Added by Stats.1969, c. 140, p. 385, § 1.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: agreement to reschedule subpoena appearance californiawitness contempt for missed agreed appearance