Code of Civil Procedure § 1987(b) – Notice to Attend in Lieu of Subpoena
Free Consultation Request
Code of Civil Procedure § 1987(b) – Notice to Attend in Lieu of Subpoena
Code of Civil Procedure – CCP
PART 4. MISCELLANEOUS PROVISIONS [1855 – 2107]
( Heading of Part 4 amended by Stats. 1965, Ch. 299. )TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 – 2015.6]
( Title 3 enacted 1872. )CHAPTER 2. Means of Production [1985 – 1997]
( Chapter 2 enacted 1872. )California Law
1987(b).
(b) In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an action or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of an issue therein, with the time and place thereof, is served upon the attorney of that party or person. The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. The giving of the notice shall have the same effect as service of a subpoena on the witness, and the parties shall have those rights and the court may make those orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court.
(Amended by Stats. 2012, Ch. 72, Sec. 5. (SB 1574) Effective January 1, 2013.)
California Law Summary
This provision governs the requirements for serving notice to attend a trial, hearing, or deposition on a party or non-party witness in a California civil case.
Key Requirements:
For Parties:
A written notice is sufficient to compel a party to attend a trial or hearing. A formal subpoena is not necessary.For Non-Parties:
A subpoena is required to compel attendance, and it must comply with the procedures under § 1985 or § 1987(a).Form of Notice:
The notice must include the time and place of the appearance and must be personally served within a reasonable time to allow compliance.
Purpose
To distinguish between what is needed to compel parties vs. non-parties to attend legal proceedings, and to ensure proper notice and due process for all involved.
Application
This rule is commonly used to require parties to attend their trial or hearing, or to call treating physicians, employers, or eyewitnesses as non-party witnesses. Proper service under § 1987(b) ensures their testimony is admissible and can be enforced by the court.
