A deponent who disobeys a deposition subpoena in any manner described in subdivision (c) of Section 2020.220 may be punished for contempt under Chapter 7 (commencing with Section 2023.010) without the necessity of a prior order of court directing compliance by the witness. The deponent is also subject to the forfeiture and the payment of damages set forth in Section 1992.
§ 2020.240.Failure to obey subpoena; contempt; forfeiture; damages
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 2020.240 lets a deponent who disobeys a deposition subpoena be punished for contempt without any prior court order, and exposes that deponent to the separate statutory forfeiture and damages remedy for failing to appear.
Full Text of § 2020.240
Plain-English Summary
This section supplies the enforcement backbone for the whole deposition subpoena scheme. A deponent who disobeys the subpoena in any of the ways Section 2020.220 describes, whether by skipping the deposition, refusing to produce what was demanded, or failing to show up at a court session called to address a refusal, can be punished for contempt right away. No prior court order directing compliance is required first; the deponent doesn't get a warning shot before contempt exposure attaches.
Contempt isn't the only consequence, either. The disobedient deponent also remains exposed to Section 1992's separate remedy: forfeiture of $500 to the aggrieved party plus whatever damages resulted, recoverable through a civil action. The two remedies run alongside each other rather than replacing one another.
Frequently Asked Questions
Does a deponent get a warning before facing contempt for disobeying a deposition subpoena?
No. Section 2020.240 allows contempt punishment without any prior court order directing compliance.
What other consequence can follow a deponent's failure to appear?
The $500 forfeiture and damages remedy under Section 1992, recoverable through a civil action.
Which types of disobedience trigger this contempt exposure?
Any disobedience described in subdivision (c) of Section 2020.220, including refusing attendance, production, inspection, or a court session on a refusal to comply.
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: contempt for disobeying deposition subpoenano prior court order contempt subpoena