DUCES TECUM, CRIMINAL, BUSINESS RECORDS, CUSTODIAN OF RECORDS
Original Subpoena plus two copies of the Subpoena, witness fee in the amount of
$50 per witness. Different states need our court to stamp and update the
subpoena to California forms subpoenas. This requires an additional $85 for filing
plus service fees.
Purpose of Process
Calls the witness to testify in a court of law. A bench warrant may be issued if the
witness does not show up at the hearing.
Provide the address of the witness. Any pictures as well would help the server in identifying
the person. Types of cars and the best time when the witness is believed to be at
Manner of Service
Personal Service only.
Time for Service
10 or more days before the hearing. for best results, allow the process server at
least 20 days in advance for service. Anything less than one week would be
considered "Extreme Rush" and an additional fee of $85 would apply.
$45.00 or more if served, not found, or canceled.
Proof of Service
The Process Server mails a Proof of Service to the petitioner if the subpoena is served. If not served, a Not Found/No Service return is mailed to the petitioner explaining the reason for non-service.
The subpoena orders a defendant to court if the defendant or witness does not show up, a bench warrant
may be issued. You may only serve a subpoena personally upon the defendant/witness unless the witness
agrees to some other delivery. Most people do not like to be subpoenaed and evading service is very
common. You should allow the process at least 20 days to locate and properly serve all subpoenas.
Subpoenas should and at most must be served no later than 10 days before any hearing or deposition.
Anything shorter than this time frame would be a rush. Stakeouts for subpoenas may be necessary in order
to properly locate and serve the witness.
Witness fees are mandatory in California. Each Witness must receive a fee of $50.
Fee deposit of $125.00 or more
Two copies of the Summons and Petition, Blank Response any other required