§ 1985.2.Subpoenas; civil trials, attendance of witnesses; notice
Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Enacted 1978 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1985.2 requires every subpoena for a witness's attendance at a civil trial to carry a prominently displayed notice telling the witness to contact the requesting attorney before the appearance date if there is any question about timing or whether the appearance is still needed.
Full Text of § 1985.2
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Any subpoena which requires the attendance of a witness at any civil trial shall contain the following notice in a type face designed to call attention to the notice:
Contact the attorney requesting this subpoena, listed above, before the date on which you are required to be in court, if you have any question about the time or date for you to appear, or if you want to be certain that your presence in court is required.
Plain-English Summary
Witnesses subpoenaed to a civil trial often wait around for a case that settles or gets continued, and this section addresses that friction with a simple fix: a mandatory notice on the subpoena itself. Any subpoena requiring attendance at a civil trial must display the notice in a typeface designed to draw attention to it.
The notice tells the witness to contact the attorney who requested the subpoena before the date set for appearance if the witness has any question about the time or date, or wants to confirm that appearing is still necessary. The point is practical: a short phone call can save a witness a wasted trip, and the section makes sure every subpoenaed witness knows that call is an option.
Frequently Asked Questions
What must a civil trial subpoena include under this section?
A notice, in a typeface designed to call attention to it, telling the witness to contact the requesting attorney before the appearance date with any timing questions or to confirm the appearance is still required.
Why does the law require this notice?
To give a subpoenaed witness an easy way to check whether appearance is still needed before showing up, since trial dates and witness needs often change.
Does this notice requirement apply to deposition subpoenas?
No. It applies specifically to a subpoena requiring attendance at a civil trial.
Amendment History
(Added by Stats.1978, c. 431, p. 1494, § 1, operative July 1, 1979.)
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
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