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§ 2020.020.Deposition subpoena; scope of authority

Title 4. Civil Discovery Act · Chapter 6. Nonparty Discovery · Article 1. General Provisions · Last amended 2012 · Last verified July 29, 2026

In one sentenceSection 2020.020 identifies the three things a deposition subpoena may command: only attendance and testimony, only production of business records for copying, or both attendance and testimony plus production of business records and other materials.

Full Text of § 2020.020

Text sizeJump to: (a) (b) (c)

A deposition subpoena may command any of the following:
(a) Only the attendance and the testimony of the deponent, under Article 3 (commencing with Section 2020.310).
(b) Only the production of business records for copying, under Article 4 (commencing with Section 2020.410).
(c) The attendance and the testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things, under Article 5 (commencing with Section 2020.510).

Plain-English Summary

Not every deposition subpoena asks for the same thing, and this section sorts them into three distinct categories. A subpoena can command only the deponent's attendance and testimony, with no documents involved at all. It can instead command only the production of business records for copying, with no live testimony required. Or it can combine both, commanding attendance and testimony along with production of business records, other documents, electronically stored information, and tangible things.

Each type follows its own article later in this chapter, with its own formal requirements. Picking the right category matters from the start, because an attendance-only subpoena and a records-only subpoena carry different notice obligations, different consumer-privacy safeguards, and different timing rules, all of which the specific articles spell out.

Frequently Asked Questions

What are the three types of deposition subpoena under California law?

One commanding only attendance and testimony, one commanding only production of business records for copying, and one commanding both.

Does a records-only subpoena require the custodian to testify?

No. A subpoena commanding only production of business records for copying doesn't require attendance or testimony.

Which article governs a subpoena seeking both testimony and documents?

Article 5, beginning with Section 2020.510, governs a subpoena commanding both attendance and testimony and production of records.

Amendment History

(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005. Amended by Stats.2012, c. 72 (S.B.1574), § 15.)

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: types of deposition subpoena californiasubpoena attendance versus records only