(a) The clerk of the court in which the action is pending shall issue a deposition subpoena signed and sealed, but otherwise in blank, to a party requesting it, who shall fill it in before service.
§ 2020.210.Issuance by court clerk; alternative method of issuance
Title 4. Civil Discovery Act · Chapter 6. Nonparty Discovery · Article 2. Procedures Applicable to All Types of Deposition Subpoenas · Enacted 2004 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2020.210 lets a party get a deposition subpoena issued signed and sealed but otherwise blank by the court clerk for the party to fill in before service, or, as an alternative, lets an attorney of record sign and issue an unsealed deposition subpoena directly.
Full Text of § 2020.210
(b) Instead of a court-issued deposition subpoena, an attorney of record for any party may sign and issue a deposition subpoena. A deposition subpoena issued under this subdivision need not be sealed. A copy may be served on the nonparty, and the attorney may retain the original.
Plain-English Summary
Getting a deposition subpoena into a nonparty's hands starts with issuance, and this section gives parties two ways to accomplish that. The traditional route runs through the court: the clerk of the court where the action is pending issues the subpoena already signed and sealed, but otherwise blank, and the requesting party fills in the details before serving it.
The faster route skips the courthouse trip entirely. Instead of waiting on a clerk, an attorney of record for any party can sign and issue the deposition subpoena directly, no seal required. The attorney serves a copy on the nonparty and keeps the original. That attorney-issuance option is what makes deposition subpoenas practical to use on the timelines discovery in active litigation usually demands.
Frequently Asked Questions
Who can issue a deposition subpoena in California?
Either the clerk of the court where the action is pending, signed and sealed but blank for the party to complete, or an attorney of record for any party, who can sign and issue it directly.
Does an attorney-issued deposition subpoena need to be sealed?
No. Section 2020.210 specifically says a subpoena issued by an attorney of record need not be sealed.
What does the attorney do with the original after issuing a subpoena?
The attorney serves a copy on the nonparty and retains the original.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)
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: attorney issued deposition subpoena californiacourt clerk deposition subpoena issuance