Any person who is subpoenaed and required to give a deposition shall be entitled to receive the same witness fees and mileage as if the subpoena required him or her to attend and testify before a court in which the action or proceeding is pending. Notwithstanding this requirement, the only fees owed to a witness who is required to produce business records under Section 1560 of the Evidence Code pursuant to a subpoena duces tecum, but who is not required to personally attend a deposition away from his or her place of business, shall be those prescribed in Section 1563 of the Evidence Code.
§ 1986.5.Witness fees and mileage for persons required to
Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Last amended 1986 · Last verified July 29, 2026
In one sentenceSection 1986.5 entitles a person subpoenaed for a deposition to the same witness fees and mileage as a court witness, except that a records custodian who produces business records under Evidence Code Section 1560 without personally attending the deposition is limited to the fees set in Evidence Code Section 1563.
Full Text of § 1986.5
Plain-English Summary
Appearing for a deposition is not free labor, and this section makes sure a subpoenaed deponent is compensated the same way a subpoenaed trial witness would be, entitled to the same witness fees and mileage as if the subpoena had called for attendance and testimony before the court where the case is pending.
There is one carve-out for records custodians. A witness who is required only to produce business records under Evidence Code Section 1560, without having to personally show up for a deposition away from the workplace, is limited instead to the fee schedule set out in Evidence Code Section 1563. That narrower fee reflects the narrower burden: producing records by mail or drop-off costs the custodian far less than attending and sitting for questioning.
Frequently Asked Questions
What fees is a person subpoenaed for a deposition entitled to?
The same witness fees and mileage that would apply if the subpoena required attendance and testimony before the court where the case is pending.
Is there an exception for a records custodian?
Why does the law treat a records-only custodian differently?
Because that witness is not personally appearing and testifying, the burden is smaller, and the fee schedule reflects that narrower obligation.
Amendment History
(Added by Stats.1961, c. 1386, p. 3159, § 1. Amended by Stats.1986, c. 603, § 4.)
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: deposition witness fees california subpoenabusiness records custodian subpoena fee