(a) Except as provided in Sections 68097.1 to 68097.8, inclusive, of the Government Code, the service of a subpoena is made by delivering a copy, or a ticket containing its substance, to the witness personally, giving or offering to the witness at the same time, if demanded by him or her, the fees to which he or she is entitled for travel to and from the place designated, and one day's attendance there. The service shall be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. The service may be made by any person. If service is to be made on a minor, service shall be made on the minor's parent, guardian, conservator, or similar fiduciary, or if one of those persons cannot be located with reasonable diligence, service shall be made on any person having the care or control of the minor or with whom the minor resides or by whom the minor is employed, and on the minor if the minor is 12 years of age or older. If the minor is alleged to come within the description of Section 300, 601, or 602 of the Welfare and Institutions Code and the minor is not in the custody of a parent or guardian, regardless of the age of the minor, service also shall be made upon the designated agent for service of process at the county child welfare department or the probation department under whose jurisdiction the minor has been placed.
§ 1987.Subpoena; notice to produce party or agent; method of service;
Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Last amended 2013 · Last verified July 29, 2026
In one sentenceSection 1987 sets out how a subpoena is served, including special provisions for minors, and allows a party's attendance or document production to be compelled through written notice to that party's attorney instead of formal service, provided the notice meets deadline and content requirements and any objection is resolved by noticed motion.
Full Text of § 1987
(b) In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an action or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of an issue therein, with the time and place thereof, is served upon the attorney of that party or person. The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. The giving of the notice shall have the same effect as service of a subpoena on the witness, and the parties shall have those rights and the court may make those orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court.
(c) If the notice specified in subdivision (b) is served at least 20 days before the time required for attendance, or within any shorter period of time as the court may order, it may include a request that the party or person bring with him or her books, documents, electronically stored information, or other things. The notice shall state the exact materials or things desired and that the party or person has them in his or her possession or under his or her control. Within five days thereafter, or any other time period as the court may allow, the party or person of whom the request is made may serve written objections to the request or any part thereof, with a statement of grounds. Thereafter, upon noticed motion of the requesting party, accompanied by a showing of good cause and of materiality of the items to the issues, the court may order production of items to which objection was made, unless the objecting party or person establishes good cause for nonproduction or production under limitations or conditions. The procedure of this subdivision is alternative to the procedure provided by Sections 1985 and 1987.5 in the cases herein provided for, and no subpoena duces tecum shall be required.
WESTLAW © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 § 1987. Subpoena; notice to produce party or agent; method of service; production of books,..., CA CIV PRO § 1987 Subject to this subdivision, the notice provided in this subdivision shall have the same effect as is provided in subdivision (b) as to a notice for attendance of that party or person.
Plain-English Summary
This section covers the mechanics of getting a subpoena into a witness's hands. Ordinary service means delivering a copy, or a ticket with its substance, to the witness personally, along with any travel and one day's attendance fees the witness demands, given with enough lead time to prepare and travel. Anyone can make the service. Special rules route service through a parent, guardian, or other responsible adult when the person to be served is a minor, and add a further layer, service on a county child welfare or probation department, when a minor covered by the juvenile dependency or delinquency laws is not living with a parent or guardian.
The section then offers a shortcut for a narrower category of witness: a party to the case, someone the case is being prosecuted or defended for the benefit of, or an officer, director, or managing agent of such a party or person. Instead of serving that witness with an actual subpoena, the requesting party can instead serve written notice on the witness's attorney, stating the time and place for appearance, at least 10 days ahead unless the court sets a shorter period. That notice carries the same legal force as a subpoena, including exposing the recipient to the same court orders and sanctions for noncompliance, and the witness can still demand fees before testifying.
When that notice is served at least 20 days ahead, it can also ask the party or affiliated person to bring specified books, documents, electronically stored information, or things, provided the notice describes exactly what is wanted and states that the person has it. The recipient then has five days, or another period the court allows, to serve written objections with grounds attached. If the requesting party wants the material anyway, it can bring a noticed motion showing good cause and materiality, and the court will order production unless the objecting side shows good cause against it or for producing only under limits. This notice-based alternative substitutes for the subpoena duces tecum procedure in the situations it covers.
Frequently Asked Questions
How is a subpoena ordinarily served on a witness?
By delivering a copy, or a ticket containing its substance, to the witness personally, offering any travel and one day's attendance fees demanded, with reasonable time to prepare and travel, and service may be made by any person.
Do parties and party-affiliated witnesses always need to be formally served with a subpoena?
No. Written notice to that person's attorney, stating the time and place for attendance at least 10 days ahead, has the same effect as serving a subpoena.
Can that notice also be used to demand documents?
Yes, if served at least 20 days before the required attendance, the notice can request specified documents or electronically stored information, subject to the recipient's right to object within five days.
What happens if the party or witness objects to producing documents under this notice procedure?
The requesting party can bring a noticed motion showing good cause and materiality, and the court orders production unless the objecting party shows good cause against it or for limited production.
How is service handled when the person to be served is a minor?
Service is made on the minor's parent, guardian, conservator, or similar fiduciary, or if none can be found with reasonable diligence, on whoever has care or control of the minor, plus on the minor personally if 12 or older.
Amendment History
(Enacted in 1872. Amended by Stats.1963, c. 1485, p. 3049, § 3; Stats.1968, c. 933, p. 1783, § 1; Stats.1969, c. 311, p. 678, § 1; Stats.1969, c. 1034, p. 2013, § 1.5; Stats.1981, c. 184, p. 1105, § 2; Stats.1986, c. 605, § 2; Stats.1989, c. 1416, § 28; Stats.2002, c. 1008 (A.B.3028), § 6; Stats.2012, c. 72 (S.B.1574), § 5.)
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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