California Court Forms · Civil

SUBP-002: Civil Subpoena (Duces Tecum) for Trial or Hearing

The subpoena that orders a witness to come to a civil trial or hearing with documents, electronically stored information or things.

Mandatory form · Revised January 1, 2012 · 3 pages · A trial or hearing date

Not legal advice. This page explains what the form asks; it does not tell you what to put in your case.

What it is

Appear, and bring the records

SUBP-002 orders a witness to appear at a set date, time and place, unless excused or by agreement, and to produce the records described in the declaration. It warns that disobedience may be punished as contempt, with liability for five hundred dollars and all resulting damages. It cites Code of Civil Procedure sections 1985 and following.

When it is used

Custodians of records

Item 3 either requires personal attendance with original records, or lets a custodian mail sealed copies with a custodian’s declaration under Evidence Code sections 1560–1562 and 1271. Item 2 covers consumer or employee records when a motion to quash or objection has been served.

Section by section

What each part asks

Use the current official form and its instructions. The descriptions below identify the questions without choosing answers for your situation.

Page 1 · The subpoena

1 · Appearance

Date, time and place to appear as a witness.

2 · Consumer or employee records

A court order or agreement is needed before producing them once a motion to quash or objection is served.

3 · How to comply

In person with originals, or by sealed copies with the custodian’s declaration mailed to the clerk.

4–5 · Contact and fees

Who to call with questions, and witness fees and mileage if requested at service.

Pages 2–3 · Declaration and proof

Declaration

The exact items to produce, good cause, and why they are material, or an attached affidavit.

Proof of service

Personal delivery, witness fees offered or paid, and the server’s details.

Before you file

Common filing problems to check

These checks come from the official form and instructions. They are not a ranking of rejection reasons; the court decides whether a filing meets its requirements.

  • Item 3 has neither a nor b checked; the form says one must be.
  • The declaration does not specify the exact documents or things to produce, or the good cause and materiality.
  • Consumer or employee records are demanded without the extra steps item 2 refers to.
  • The proof of service does not show witness fees offered when they were demanded.

E-file it

How to e-file SUBP-002 with Legal Hub Group

Legal Hub Group is a certified e-filing service provider for California courts. Availability depends on the live court, case type, document type and whether the case is new or existing.

1

Confirm the court

Check the current court and case-type list. A court must support the particular filing; this guide does not make every form available in every county.

2

Upload and check

Upload the finished papers and their attachments. Lexary checks them for common filing problems. Review the documents and the results before continuing.

3

Review the filing and fees

Confirm the case, document types and payment choice. Review every fee shown before submitting.

4

Submit and track the answer

The court reviews the filing. Keep the court’s acceptance and returned copy, or read its rejection notice before deciding what to do next.

$14.99 Legal Hub Group fee per e-filing, plus applicable court and court-system fees. Each fee is shown before submitting.

E-service is included free where available. No subscription. E-filing and service of opening papers are separate requirements.

Questions

SUBP-002 questions

Does the custodian have to come to court?

Only if item 3a is checked. Under item 3b, the custodian may instead mail sealed copies of the records with a completed custodian’s declaration.

Is a witness paid?

Item 5 says witnesses are entitled to witness fees and mileage both ways, as provided by law, if requested at the time of service.

Not legal advice. This page explains public filing information. It does not tell you what to put in your own case. Legal Hub Group is a certified e-filing service provider for California courts, not a law firm.

Information checked as of October 2026. Rules, form revisions and provider prices can change. The court decides whether to accept a filing.

SUBP-002 form revision: January 1, 2012.