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SUBP-040Mandatory

Deposition Subpoena for Personal Appearance in Action Pending Outside California

California · Judicial Council of California · Effective January 1, 2010

This form is a legal order that requires a person to show up and give testimony as a witness during a deposition. This deposition is for a legal case that is happening outside of California.

The court describes it as: Orders a California witness to appear and testify at a deposition (give testimony outside of the court) for a case filed outside of California.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Discovery

Stage: Discovery

This form is used when a person needs to be ordered to testify as a witness for a lawsuit that is being handled in a state other than California.

Either party may file.

Official instructions

How-to guides published by the court for this form.

Common questions

What does this form order?
This form orders a person to appear in person to testify as a witness during a deposition. This deposition is for a case that is pending outside of California.
What happens if I ignore this subpoena?
The form warns that ignoring this subpoena can be punished as contempt by the court, and the person could also be responsible for $500 and any other damages.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 2010.

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