2005 California Code of Civil Procedure Sections 2020.210-2020.240 Deposition Subpoenas

CODE OF CIVIL PROCEDURE
SECTION 2020.210-2020.240

2020.210.  (a) The clerk of the court in which the action is pending
shall issue a deposition subpoena signed and sealed, but otherwise
in blank, to a party requesting it, who shall fill it in before
service.
   (b) Instead of a court-issued deposition subpoena, an attorney of
record for any party may sign and issue a deposition subpoena.  A
deposition subpoena issued under this subdivision need not be sealed.
  A copy may be served on the nonparty, and the attorney may retain
the original.
2020.220.  (a) Subject to subdivision (c) of Section 2020.410,
service of a deposition subpoena shall be effected a sufficient time
in advance of the deposition to provide the deponent a reasonable
opportunity to locate and produce any designated business records,
documents, and tangible things, as described in Article 4 (commencing
with Section 2020.410), and, where personal attendance is commanded,
a reasonable time to travel to the place of deposition.
   (b) Any person may serve the subpoena by personal delivery of a
copy of it as follows:
   (1) If the deponent is a natural person, to that person.
   (2) If the deponent is an organization, to any officer, director,
custodian of records, or to any agent or employee authorized by the
organization to accept service of a subpoena.
   (c) Personal service of any deposition subpoena is effective to
require all of the following of any deponent who is a resident of
California at the time of service:
   (1) Personal attendance and testimony, if the subpoena so
specifies.
   (2) Any specified production, inspection, testing, and sampling.
   (3) The deponent's attendance at a court session to consider any
issue arising out of the deponent's refusal to be sworn, or to answer
any question, or to produce specified items, or to permit inspection
or photocopying, if the subpoena so specifies, or specified testing
and sampling of the items produced.
2020.230.  (a) If a deposition subpoena requires the personal
attendance of the deponent, under Article 3 (commencing with Section
2020.310) or Article 5 (commencing with Section 2020.510), the party
noticing the deposition shall pay to the deponent in cash or by check
the same witness fee and mileage required by Chapter 1 (commencing
with Section 68070) of Title 8 of the Government Code for attendance
and testimony before the court in which the action is pending.  This
payment, whether or not demanded by the deponent, shall be made, at
the option of the party noticing the deposition, either at the time
of service of the deposition subpoena, or at the time the deponent
attends for the taking of testimony.
   (b) Service of a deposition subpoena that does not require the
personal attendance of a custodian of records or other qualified
person, under Article 4 (commencing with Section 2020.410), shall be
accompanied, whether or not demanded by the deponent, by a payment in
cash or by check of the witness fee required by paragraph (6) of
subdivision (b) of Section 1563 of the Evidence Code.
2020.240.  A deponent who disobeys a deposition subpoena in any
manner described in subdivision (c) of Section 2020.220 may be
punished for contempt under Chapter 7 (commencing with Section
2023.010) without the necessity of a prior order of court directing
compliance by the witness.  The deponent is also subject to the
forfeiture and the payment of damages set forth in Section 1992.



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