A person present in Court, or before a judicial officer, may be required to testify in the same manner as if he were in attendance upon a subpoena issued by such Court or officer.
§ 1990.Person present; compelling to testify
Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1990 provides that a person already present in court or before a judicial officer can be required to testify just as though that person had been formally summoned by subpoena, without the need for any separate service.
Full Text of § 1990
Plain-English Summary
Not every witness arrives in court because a subpoena told them to. Someone might already be present, a bystander, a party to a related matter, anyone physically there, and this section says that presence alone is enough to put them on the stand. The court or judicial officer can require that person to testify the same way it could compel a subpoenaed witness.
There's no extra formality required. The law treats a person already in the room as if they had been properly served, sparing the court from having to track the person down and serve papers on someone who's standing right there.
Frequently Asked Questions
Can a court make someone testify if they weren't served with a subpoena?
Yes, if that person is already present in court or before a judicial officer. Section 1990 treats that presence as equivalent to having been subpoenaed.
Does this apply only to witnesses in the specific case being heard?
The section applies broadly to a person present before the court or officer, without limiting it to someone already connected to that matter.
What happens if someone present in court refuses to testify under this section?
The refusal is treated the same as disobedience to a subpoena, exposing the person to the contempt consequences Section 1991 describes.
Amendment History
(Enacted in 1872.)
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: testify without subpoena california courtperson present in court required to testify