§ 1985.“Subpoena’’ defined; affidavit for subpoena duces tecum; issuance of subpoena in blank

This section opens the chapter by naming the tool courts and litigants use to compel a witness's attendance: the subpoena. It is a writ or order directed to a person, requiring that person to show up at a set time and place to testify. The same instrument can go further and require the witness to bring along books, documents, electronically stored information, or other things the witness controls and is legally bound to produce, which is what practitioners call a subpoena duces tecum. The section also gives county recorders using microfilm a shortcut: producing a certified copy satisfies a subpoena calling for a recorded document.

Because a subpoena duces tecum can force a stranger to litigation to hand over private records, the section attaches a screening requirement. Before trial, an affidavit has to accompany the subpoena showing good cause for producing the material, spelling out exactly what is wanted, explaining why it matters to the case, and stating that the witness has it. That paperwork gives the witness, and the court if a dispute arises, something concrete to evaluate before private material changes hands.

Finally, the section says who can issue the subpoena. The clerk or a judge signs and seals one in blank for a requesting party to fill in, but an attorney of record can also sign and issue a subpoena directly, without a court seal, to compel attendance in the pending action or at a deposition in it, and can likewise issue a subpoena duces tecum for the production of records or things.