DUCES TECUM, CRIMINAL, BUSINESS RECORDS, CUSTODIAN OF RECORDS
The subpoena orders a defendant to court an 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. Stake outs 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.
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