§ 2029.640.Witnesses in state; necessity of subpoena

Not every instance of out-of-state discovery conducted in California goes through the subpoena-issuance process this article otherwise centers on. Sometimes a party to a foreign proceeding gets discovery from a California witness only through properly issued notice, or by agreement among the parties, without ever obtaining a subpoena under Section 2029.300 or 2029.350. This section confirms that skipping the subpoena route doesn't skip the dispute-resolution route: that party can still seek relief under Section 2029.600 or 2029.620 without first having to obtain a subpoena.

The same access to relief runs the other way, too. The deponent or any other party affected by that notice-or-agreement discovery can likewise seek relief under those same sections, regardless of whether a subpoena was ever issued under this article. The petition process isn't limited to subpoena-based disputes; it covers discovery conducted here in aid of an out-of-state case however that discovery got started.