(a) If a deposition subpoena requires the personal attendance of the deponent, under Article 3 (commencing with Section 2020.310) or Article 5 (commencing with Section 2020.510), the party noticing the deposition shall pay to the deponent in cash or by check the same witness fee and mileage required by Chapter 1 (commencing with Section 68070) of Title 8 of the Government Code for attendance and testimony before the court in which the action is pending. This payment, whether or not demanded by the deponent, shall be made, at the option of the party noticing the deposition, either at the time of service of the deposition subpoena, or at the time the deponent attends for the taking of testimony.
§ 2020.230.Personal attendance of deponent; witness and mileage fees; custodian of records
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 2020.230 requires the party noticing a deposition to pay the deponent witness fees and mileage set by statute for court attendance, either at service or at the deposition, and requires payment of the smaller statutory records-copying fee when a records-only subpoena doesn't require personal attendance.
Full Text of § 2020.230
(b) Service of a deposition subpoena that does not require the personal attendance of a custodian of records or other qualified person, under Article 4 (commencing with Section 2020.410), shall be accompanied, whether or not demanded by the deponent, by a payment in cash or by check of the witness fee required by paragraph (6) of subdivision (b) of Section 1563 of the Evidence Code.
Plain-English Summary
Compelling a nonparty's participation comes with a price tag, and this section makes sure the nonparty gets paid. When a deposition subpoena requires the deponent to personally attend, whether under the attendance-only article or the combined article, the noticing party has to pay the same witness fee and mileage the Government Code sets for attending and testifying in the court where the action is pending. That payment goes out in cash or by check, and the noticing party can choose to pay it either when the subpoena is served or when the deponent shows up to testify.
Records-only subpoenas work differently, since no one has to personally appear. When service doesn't require the custodian's or another qualified person's personal attendance, the subpoena instead has to come with the smaller witness fee the Evidence Code sets for that kind of records production, again whether or not the deponent asked for it.
Frequently Asked Questions
Who pays a deposition witness's fees and mileage?
The party who noticed the deposition, at the same rate the Government Code sets for court attendance and testimony.
When must this fee be paid?
At the noticing party's option, either at the time the subpoena is served or when the deponent attends for testimony.
Does a records-only subpoena require the same witness fee as a personal-attendance subpoena?
No. A records-only subpoena that doesn't require personal attendance comes with a smaller fee set by the Evidence Code's records-production provision.
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: witness fee deposition subpoena californiamileage fee subpoena nonparty