§ 2064.Subpoenaed witness; attendance; answering questions
Title 5. Of the Rights and Duties of Witnesses · Last amended 1907 · Last verified July 29, 2026
Full Text of § 2064
Plain-English Summary
This section states the core bargain a subpoena creates. A witness who has been served does not get to pick and choose: the witness must show up at the appointed time, bring along whatever papers are under the witness’s control and lawfully demanded by the subpoena, and answer every question that is both pertinent to the matter and legal in form. None of those four duties is optional once service has been made, and the section attaches no exception for inconvenience or reluctance.
The last clause is easy to overlook but matters in practice: a witness who has taken the stand cannot leave once the immediate questions run out. The obligation to remain continues until the testimony is closed, unless the court or the party who called the witness discharges the witness sooner. And the requirement to answer only “pertinent and legal” questions is not a license for the witness to decide on the spot what counts as fair game; it describes the kind of question a witness can be made to answer, while leaving the actual ruling on whether a given question crosses that line to whoever is presiding. A witness who balks at a question still has to raise the objection through the proper channel rather than refusing outright to respond.
Frequently Asked Questions
What must a subpoenaed witness bring to court under this section?
Any papers under the witness’s own control that the subpoena lawfully requires, not documents held by someone else or beyond what the subpoena properly demands.
Can a witness refuse to answer a question the witness thinks is unfair?
Not on the witness’s own say-so. The duty runs to answering pertinent and legal questions, and whether a particular question meets that description is for the court to decide, not the witness.
Can a witness leave the stand once the first round of questions is over?
No. Section 2064 requires the witness to remain until the testimony is closed, unless the witness is discharged sooner.
What happens if a subpoenaed witness does not show up at all?
This section states the duty to attend; separate provisions address the consequences of ignoring a subpoena, including contempt and a statutory forfeiture for failing to appear.
Amendment History
(Enacted in 1872. Amended by Stats.1907, c. 395, p. 735, § 1.)