In any proceeding for the examination of a third person under this article, witnesses, including the defendant, may be required to appear and testify before the court or referee in the same manner as upon the trial of an issue.
§ 491.120.Requiring Witnesses to Appear and Testify
Title 6.5. Attachment · Chapter 11. Attaching Plaintiff's Miscellaneous Remedies · Article 1. Examination of Third Person · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 491.120 allows witnesses, including the defendant, to be required to appear and testify before the court or referee in a third-person examination proceeding just as they would at trial.
Full Text of § 491.120
Plain-English Summary
An examination proceeding under this article is not limited to questioning the third person alone. Section 491.120 lets the plaintiff bring in other witnesses -- including the defendant -- and requires them to appear and testify in the same manner as they would at the trial of an issue in the case.
That parity matters because it means the usual rules for compelling and conducting witness testimony carry over into this pretrial proceeding, rather than leaving the examination as an informal or unregulated inquiry.
Frequently Asked Questions
Can the defendant be forced to testify during a third-person examination?
Yes. Section 491.120 allows the defendant to be required to appear and testify in the examination proceeding in the same manner as at trial.
Does this examination follow the same rules as trial testimony?
Section 491.120 requires witnesses to appear and testify before the court or referee in the same manner as upon the trial of an issue, extending trial-like procedure to this proceeding.
Amendment History
Added by Stats. 1982, Ch. 1198, Sec. 57. Operative July 1, 1983, by Sec. 70 of Ch. 1198.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: witness testimony third person examination californiacompel witness attachment examination