§ 1991.Disobedience to subpoena; refusal to be sworn, to answer as witness,

Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Last amended 1987 · Last verified July 29, 2026

In one sentenceSection 1991 makes it contempt of court for a witness to disobey a subpoena or refuse to be sworn, answer, or sign a deposition or affidavit, and lays out how an officer or commissioner taking testimony outside court must report that refusal so the issuing court can order compliance before punishing the witness.

Full Text of § 1991

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Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a contempt by the court issuing the subpoena.

When the subpoena, in any such case, requires the attendance of the witness before an officer or commissioner out of court, it is the duty of the officer or commissioner to report any disobedience or refusal to be sworn or to answer a question or to subscribe an affidavit or deposition when required, to the court issuing the subpoena. The witness shall not be punished for any refusal to be sworn or to answer a question or to subscribe an affidavit or deposition, unless, after a hearing upon notice, the court orders the witness to be sworn, or to so answer or subscribe and then only for disobedience to the order.

Any judge, justice, or other officer mentioned in subdivision (c) of Section 1986, may report any disobedience or refusal to be sworn or to answer a question or to subscribe an affidavit or deposition when required to the superior court of the county in which attendance was required; and the court thereupon has power, upon notice, to order the witness to perform the omitted act, and any refusal or neglect to comply with the order may be punished as a contempt of court.

In lieu of the reporting of the refusal as hereinabove provided, the party seeking to obtain the deposition or to have the deposition or affidavit signed, at the time of the refusal may request the officer or commissioner to notify the witness that at a time stated, not less than five days nor more than 20 days from the date of the refusal, he or she will report the refusal of the witness to the court and that the party will, at that time, or as soon thereafter as he or she may be heard, apply to the court for an order directing the witness to be sworn, or to answer as a witness, or subscribe the deposition or affidavit, as the case may be, and that the witness is required to attend that session of the court.

The officer or commissioner shall enter in the record of the proceedings an exact transcription of the request made of him or her that he or she notify the witness that the party will apply for an order directing the witness to be sworn or to answer as a witness or subscribe the deposition or affidavit, and of his or her notice to the witness, and the transcription shall be attached to his or her report to the court of the refusal of the witness. The report shall be filed by the officer with the clerk of the court issuing the subpoena, and the witness shall attend that session of the court, and for failure or refusal to do so may be punished for contempt.

At the time so specified by the officer, or at a subsequent time to which the court may have continued the matter, if the officer has theretofore filed a report showing the refusal of the witness, the court shall hear the matter, and without further notice to the witness, may order the witness to be sworn or to answer as a witness or subscribe the deposition or affidavit, as the case may be, and may in the order specify the time and place at which compliance shall be made or to which the taking of the deposition is continued. Thereafter if the witness refuses to comply with the order he or she may be punished for contempt.

WESTLAW © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 § 1991. Disobedience to subpoena; refusal to be sworn, to answer as witness, or to subscribe affidavit..., CA CIV PRO § 1991

Plain-English Summary

This section supplies the enforcement teeth behind every subpoena: disobeying one, or refusing to be sworn, to answer as a witness, or to sign an affidavit or deposition when required, can be punished as contempt. But whose court does the punishing depends on where the refusal happens. If the subpoena calls the witness before the court itself, that same court handles the contempt directly.

Testimony often gets taken outside a courtroom, though, before an officer or commissioner at a deposition, and the section builds in a safeguard for that setting. The officer or commissioner can't punish anyone; instead, they report the refusal to the court that issued the subpoena. The witness isn't punished for refusing to be sworn, answer, or sign until that court holds a hearing on notice and orders the witness to comply. Only defying that order counts as contempt. The same reporting duty falls on certain judges, justices, or officers described in Section 1986, who report to the superior court of the county where attendance was required, and that court can then order the omitted act performed, with continued refusal punishable as contempt.

The section also gives the party taking the deposition a faster alternative to filing a formal report right away. Instead, at the moment of refusal, the party can ask the officer or commissioner to warn the witness that the refusal will be reported to the court at a specified future date, somewhere between five and twenty days out, and that the party will ask the court then for an order compelling compliance. The officer transcribes that warning into the record, files the report with the clerk of the issuing court, and the witness has to show up at that court session or risk contempt for the no-show itself. At the hearing, if the officer's report shows the refusal, the court can order compliance without any further notice to the witness, setting the time and place, and a further refusal to comply can then be punished as contempt.

Frequently Asked Questions

Can a witness be punished for refusing to answer a question at a deposition without a court order first?

No. If the refusal happens before an officer or commissioner outside court, the witness isn't punished until the issuing court holds a hearing on notice and orders compliance, and only disobeying that order counts as contempt.

What must happen when a witness refuses to be sworn or answer at a deposition?

The officer or commissioner must report the refusal to the court that issued the subpoena, rather than punishing the witness directly.

Is there a faster alternative to filing a formal report of the refusal?

Yes. The party can have the officer warn the witness on the spot that the refusal will be reported to the court on a set date, five to twenty days later, when the party will seek a compliance order.

What happens if the witness still refuses after the court orders compliance?

That continued refusal can be punished as contempt of court.

Amendment History

(Enacted in 1872. Amended by Stats.1907, c. 391, p. 731, § 2; Stats.1941, c. 406, p. 1690, § 1; Stats.1987, c. 56, § 24.)

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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