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California Code of Civil Procedure Section 1985

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1985

1985.  (a) The process by which the attendance of a witness is
required is the subpoena. It is a writ or order directed to a person
and requiring the person's attendance at a particular time and place
to testify as a witness. It may also require a witness to bring any
books, documents, electronically stored information, or other things
under the witness's control which the witness is bound by law to
produce in evidence. When a county recorder is using the microfilm
system for recording, and a witness is subpoenaed to present a
record, the witness shall be deemed to have complied with the
subpoena if the witness produces a certified copy thereof.
   (b) A copy of an affidavit shall be served with a subpoena duces
tecum issued before trial, showing good cause for the production of
the matters and things described in the subpoena, specifying the
exact matters or things desired to be produced, setting forth in full
detail the materiality thereof to the issues involved in the case,
and stating that the witness has the desired matters or things in his
or her possession or under his or her control.
   (c) The clerk, or a judge, shall issue a subpoena or subpoena
duces tecum signed and sealed but otherwise in blank to a party
requesting it, who shall fill it in before service. An attorney at
law who is the attorney of record in an action or proceeding, may
sign and issue a subpoena to require attendance before the court in
which the action or proceeding is pending or at the trial of an issue
therein, or upon the taking of a deposition in an action or
proceeding pending therein; the subpoena in such a case need not be
sealed. An attorney at law who is the attorney of record in an action
or proceeding, may sign and issue a subpoena duces tecum to require
production of the matters or things described in the subpoena.

Section: 1985  1985.1  1985.2  1985.3  1985.4  1985.5  1985.6  1985.7  1985.8  1986  1986.1  1986.5  1987  1987.1  1987.2  Next

Last modified: March 17, 2014