A subpoena issued under this article shall be personally served in compliance with the law of this state, including, without limitation, Section 1985.
§ 2029.400.Service of subpoena
Title 4. Civil Discovery Act · Chapter 12. Discovery in Action Pending Outside California · Article 1. Interstate and International Depositions and Discovery Act · Enacted 2008 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2029.400 requires a subpoena issued under this article, whether by a clerk or by local counsel, to be personally served under California's general subpoena service rules.
Full Text of § 2029.400
Plain-English Summary
Issuing a valid subpoena is only half the job; it still has to reach the person it's directed at. This section makes clear that a subpoena issued under this article has to be personally served, following California's ordinary rules governing service of subpoenas generally.
The requirement applies no matter which issuance route produced the subpoena. Whether the clerk issued it under the reciprocity process or an attorney issued it directly as local counsel, the same personal-service standard governs how it gets delivered, so the manner of service doesn't turn on which path the party used to get the subpoena in the first place.
Frequently Asked Questions
How must a subpoena issued under this article be served?
By personal service, complying with California's general subpoena service law.
Does the service rule differ depending on whether the clerk or an attorney issued the subpoena?
No. The same personal-service requirement applies regardless of which issuance process under this article produced the subpoena.
What general subpoena service law does this section reference?
Section 1985's service provisions, which supply the baseline personal-service rules this article incorporates.
Amendment History
(Added by Stats.2008, c. 231 (A.B.2193), § 3, operative Jan. 1, 2010.)
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: serving foreign subpoena californiapersonal service interstate subpoena