ATTORNEY OR PARTY  WITHOUT  ATTORNEY (Name, State Bar number, and address):

SUBP-040 

FOR COURT USE ONLY

TELEPHONE NO.:

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

FAX NO. (Optional):

Court for county in which discovery is to be conducted:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF  

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

Court in which action is pending:

Name of Court:  
STREET ADDRESS:

MAILING ADDRESS:

CITY, STATE, AND ZIP CODE:

COUNTRY:

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CALIFORNIA CASE NUMBER (if any assigned by court):

 CASE NUMBER (of action pending outside California):

DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
IN ACTION PENDING OUTSIDE CALIFORNIA

THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):

1.

YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in the action specified above at the following 
date, time, and place:

Date:

Time:

Address:

a.

As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as 
to the matters described in item 2. (Code Civ. Proc., § 2025.230.)

b. This deposition will be recorded stenographically

through the instant visual display of testimony

and by

audiotape

videotape.

2.

If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are as
follows:

Continued on Attachment 2 (use form MC-025).

3.

Attorneys of record in this action or parties without attorneys are (name, address, telephone number, and name of party 
represented):

Continued on Attachment 3 (use form MC-025).

Form Adopted for Mandatory Use 
Judicial Council of California 
SUBP-040 [New January 1, 2010]

DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
IN ACTION PENDING OUTSIDE CALIFORNIA

Page 1 of 2

Code of Civil Procedure, §§ 2029.100–900, 2020.310, 
 2025.230, 2025.220, 2025.250,  2025.620; 
Government Code, § 68097.1
www.courtinfo.ca.gov

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

4.             Other terms or provisions from out-of-state subpoena, if any (specify): 

CASE NUMBER (of action pending  outside California):

SUBP-040

Continued on Attachment 4 (use form MC-025).

5.

At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition;       
later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you       
sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at       
the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the 
court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles of your 
residence.  The location of the deposition for all deponents is governed by Code of Civil Procedure section 2025.250.

DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE 
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.

Date issued:

(TYPE OR PRINT NAME)

(SIGNATURE OF PERSON ISSUING SUBPOENA)

PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE

(TITLE)

1.  I served this Deposition Subpoena for Personal Appearance in Action Pending Outside California by personally delivering a      

copy to the person served as follows: 
a.  Person served
b.  Address where served:

c.  Date of delivery:
e.  Witness fees and mileage both ways (check one):

d. Time of delivery:

(1)
(2)
(3)

were paid. Amount:  . . . . . . . . . . .
were not paid. 
were tendered to the witness's public entity employer as required by Government Code section 68097.2. The 
amount tendered was (specify):

$

$

f.  Fee for service:  . . . . . . . . . . . . . . . . . . . . . . $

2.   I received this subpoena for service on (date):
3.   Person serving:

a.
Not a registered California process server
California sheriff or marshal
b.
c.
Registered California process server
d.
Employee or independent contractor of a registered California process server 
e.
Exempt from registration under Business and Professions Code section 22350(b)
f.   Name, address, telephone number, and, if applicable, county of registration and number:

I declare under penalty of perjury under the laws of the State of 
California that the foregoing is true and correct.

(For California sheriff or marshal use only) 
I certify that the foregoing is true and correct.

Date:

Date:

(SIGNATURE)

(SIGNATURE)

SUBP-040 [ New January 1, 2010]

DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
IN ACTION PENDING OUTSIDE CALIFORNIA

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