The following rules apply to a deposition subpoena that commands only the attendance and the testimony of the deponent:
§ 2020.310.Contents of subpoena; depositions recorded using audio or video
Title 4. Civil Discovery Act · Chapter 6. Nonparty Discovery · Article 3. Subpoena Commanding Only Attendance and Testimony of the Deponent · Enacted 2004 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2020.310 sets the required contents of a deposition subpoena commanding only attendance and testimony: the time and place, a summary of the deposition process and the deponent's rights, duties, and penalties for disobedience, notice of any audio, video, or instant-visual-display recording, and, for an organizational deponent, a description of the examination topics and the duty to designate a witness.
Full Text of § 2020.310
(a) The subpoena shall specify the time when and the place where the deponent is commanded to attend the deposition.
(b) The subpoena shall set forth a summary of all of the following:
(1) The nature of a deposition.
(2) The rights and duties of the deponent.
(3) The penalties for disobedience of a deposition subpoena, as described in Section 2020.240.
(d) If the deposition testimony will be conducted using instant visual display, the subpoena shall state that it will be conducted in that manner.
(e) If the deponent is an organization, the subpoena shall describe with reasonable particularity the matters on which examination is requested. The subpoena shall also advise the organization of its duty to make the designation of employees or agents who will attend the deposition, as described in Section 2025.230.
Plain-English Summary
An attendance-only deposition subpoena has to tell the deponent exactly what to expect, and this section lists everything it must include. It has to specify when and where the deponent must show up. It has to summarize, in plain terms, the nature of a deposition, what rights and duties the deponent has, and what penalties follow disobedience under Section 2020.240.
Beyond the basics, the subpoena has to flag anything unusual about how the testimony will be captured: if the noticing party will record the deposition using audio or video technology, the subpoena has to say so, and the same goes if the testimony will be conducted using instant visual display. When the deponent is an organization rather than an individual, the subpoena carries an extra burden: it has to describe with reasonable particularity what subjects the examination will cover, and it has to advise the organization of its duty to designate the employees or agents who will appear and testify.
Frequently Asked Questions
What must an attendance-only deposition subpoena tell the deponent?
When and where to appear, a summary of the nature of a deposition, the deponent's rights and duties, and the penalties for disobedience.
Does the subpoena have to disclose if the deposition will be video recorded?
Yes. If the noticing party will record the deposition using audio or video technology, or conduct it using instant visual display, the subpoena must say so.
What extra requirement applies when the deponent is an organization?
The subpoena must describe the examination topics with reasonable particularity and advise the organization of its duty to designate employees or agents to attend, as Section 2025.230 describes.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.) WESTLAW © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 § 2020.310. Contents of subpoena; depositions recorded using audio or video technology;..., CA CIV PRO § 2020.310
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: attendance only deposition subpoena contentsorganizational deponent subpoena requirements