(a) If a corporation, partnership, association, trust, or other organization is served with an order to appear for an examination, it shall designate to appear and be examined one or more officers, directors, managing agents, or other persons who are familiar with its property and debts.
§ 491.140.Appearance By Corporation, Partnership, Association, Trust, Other Organization Served With Order
Title 6.5. Attachment · Chapter 11. Attaching Plaintiff's Miscellaneous Remedies · Article 1. Examination of Third Person · Last amended 1984 · Last verified July 28, 2026
In one sentenceSection 491.140 requires an organization served with an examination order to designate a knowledgeable officer, director, or managing agent to appear, and allows any authorized representative, attorney or not, to appear on the organization's behalf.
Full Text of § 491.140
(b) If the order to appear for an examination requires the appearance of a specified individual, the specified individual shall appear for the examination and may be accompanied by one or more officers, directors, managing agents, or other persons familiar with the property and debts of the corporation, partnership, association, trust, or other organization.
(c) If the order to appear for the examination does not require the appearance of a specified individual, the order shall advise the corporation, partnership, association, trust, or other organization of its duty to make a designation under subdivision (a).
(d) A corporation, partnership, association, trust, or other organization, whether or not a party, may appear at an examination through any authorized officer, director, or employee, whether or not the person is an attorney.
Plain-English Summary
An organization cannot appear for examination the way an individual does, so § 491.140 sets rules for how it complies. Subdivision (a) requires the corporation, partnership, association, trust, or other organization served with the order to designate one or more officers, directors, managing agents, or other people familiar with its property and debts to show up.
If the order names a specific individual, subdivision (b) requires that person to appear, though they may bring along others familiar with the organization's finances. If the order does not name anyone in particular, subdivision (c) requires the order itself to tell the organization about its duty to make a designation under subdivision (a).
Subdivision (d) rounds out the rule: an organization can appear at an examination through any authorized officer, director, or employee, whether or not that person is a lawyer -- a practical accommodation, since the examination is an investigative proceeding rather than a formal court appearance requiring counsel.
Frequently Asked Questions
If a business is served with an examination order, who has to show up?
Section 491.140(a) requires the organization to designate one or more officers, directors, managing agents, or other people familiar with its property and debts to appear.
Does a company representative appearing at an examination have to be a lawyer?
No. Section 491.140(d) allows an organization to appear through any authorized officer, director, or employee, whether or not that person is an attorney.
What if the order names a specific person at the company to appear?
Section 491.140(b) requires that named individual to appear, and permits other officers, directors, managing agents, or knowledgeable employees to accompany them.
Amendment History
Amended by Stats. 1984, Ch. 538, Sec. 7.5.
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: corporate designee examination californiabusiness examination attachment order