- Records & deposition subpoenas
- Filed with the right court
- Served nationwide
- 65+ years in California
Preparing and filing out-of-state subpoenas takes time, because the rules vary by state and even by county. Since 1961, Direct Legal Support has handled subpoenas for California law firms. We set up your documents for filing, advance the court fees, file with the court, and send the subpoena out for service. Questions? Call (213) 484-9000 or email rrorders@directlegal.com.
Subpoenas From Other States, Served in California
California's Interstate and International Depositions and Discovery Act (Code of Civil Procedure §§ 2029.100 to 2029.900) lets a party in an out-of-state case get a California subpoena without filing a separate case here. The party submits the foreign subpoena to the clerk of the superior court in the county where the discovery will take place, with an application on Judicial Council form SUBP-030, the California subpoena that fits the discovery, and the court's fee. The clerk then issues a California subpoena that carries the same terms, and it is served under California law.
If the party retains a California attorney, that attorney can issue the subpoena directly (CCP § 2029.350). Disputes, such as requests to quash, modify, or enforce the subpoena, are filed as a petition in the superior court of the county where the discovery is being conducted (CCP § 2029.600).
A subpoena from a federal court is different: it can be served in California as issued, with no California court involved. See our federal subpoena service.
How Out-of-State Subpoena Service Works
Send Us the Subpoena
Email rrorders@directlegal.com and attach the subpoena, and we will review your documents.
We Provide the Documents
We set up the application and subpoena based upon the court’s preferred method.
We File and Advance the Fees
We file with the correct court and advance the court fees.
We Serve the Witness
We dispatch the issued subpoena for service and return the proof of service.
Start an Order or call (213) 484-9000
Video: Foreign Deposition Subpoena Services
An overview of our foreign deposition subpoena services from Direct Legal Support.
California Forms for Out-of-State Subpoenas
- SUBP-030
- SUBP-035
- SUBP-040
- SUBP-045
- SUBP-025
- MC-025
- DISC-030
Each form opens on the California Courts website, so you always get the current version.
California Subpoenas for Witnesses in Other States
When your California case needs a deposition or records from someone in another state, the subpoena usually has to be issued in that state. Most states have adopted the Uniform Interstate Depositions and Discovery Act, which lets you submit your California subpoena to the local court clerk to obtain a local subpoena. Where the other state requires it, California issues a commission to take the deposition out of state under CCP § 2026.010 (form DISC-030).
We handle the filing in the other state and arrange service on the witness, anywhere in the country.
Out-of-State Subpoena Pricing
Out-of-state subpoena service is quoted per matter, based on the issuing jurisdiction and where the witness will be served. We advance the court filing fees and bill them on one itemized invoice. Call (213) 484-9000 or email rrorders@directlegal.com for a quote.
Records Subpoenas and Depositions
For business records subpoenas, our Records Retrieval Division can act as deposition officer, follow up with the custodian of records, and deliver the records to your firm. For deposition subpoenas, we coordinate the service of the issued subpoena with the date, time, and location of the deposition.
Out-of-State Subpoena Questions
How do I subpoena a witness in California for an out-of-state case?
Under California's Interstate and International Depositions and Discovery Act, you submit the foreign subpoena, an application on form SUBP-030, and the California subpoena that fits your needs to the clerk of the superior court in the county where the discovery will take place, and pay the court's fee. The clerk issues a California subpoena with the same terms, which is then served under California law.
Do I need to open a case in California?
No. The clerk issues the California subpoena based on your out-of-state subpoena and application. However, some courts give the California subpoena a new case number, and not all courts do this. If you retain a California attorney, that attorney can also issue the subpoena directly under CCP 2029.350.
Which California subpoena form do I use?
Use SUBP-035 for business records only, SUBP-040 for a deposition, and SUBP-045 for a deposition with documents. Each is filed with the SUBP-030 application.
Where are disputes over the subpoena heard?
A request for a protective order, or to enforce, quash, or modify the subpoena, may be filed in the superior court of the county where the discovery is being conducted. It is called a petition and must include a civil case cover sheet.
How do I get a deposition in another state for my California case?
Most states have adopted the Uniform Interstate Depositions and Discovery Act, which lets you submit your California subpoena to the local court clerk to obtain a local subpoena. Where the other state requires it, California issues a commission to take the deposition out of state under CCP 2026.010, on form DISC-030.
How much does out-of-state subpoena service cost?
Pricing is quoted per matter, based on the issuing jurisdiction and where the witness will be served. We advance the court filing fees and bill them on one itemized invoice.
Can you serve the subpoena too?
Yes. After the subpoena is issued, we dispatch it for service on the witness and return the proof of service.
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