Code of Civil Procedure § 1987(b) – Notice to Attend in Lieu of Subpoena
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California Code of Civil Procedure § 1987(b) – Civil Subpoenas & Service Requirements
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 Code of Civil Procedure § 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 Code of Civil Procedure § 1987(b) 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.
Who Can Be Compelled Under 1987(b)?
You can serve a written notice (instead of a subpoena) on:
The opposing party in the case
A corporate officer or managing agent of a business entity involved in the case
The party’s attorney, in some circumstances, especially if the appearance is to produce records or evidence
Real-World Example
Suppose you’re involved in a personal injury lawsuit against a rideshare company. Instead of subpoenaing an executive of the company, your attorney may issue a 1987(b) notice to appear directed to their corporate counsel, requiring a company representative to appear at trial.
If properly served, this written notice has the same legal effect as a subpoena, and failure to comply may subject the party to sanctions.
Related Statutes and Legal Tools
CCP § 1985 – Governs subpoenas generally
CCP § 1987(a) – Details personal service of subpoenas
[CCP § 1987(c)] – Covers subpoenas duces tecum (requests for records or documents)
Why It Matters in Personal Injury Litigation
CCP § 1987(b) is often used in California personal injury cases to:
Compel a corporate defendant or insurance representative to testify
Call a treating physician, medical provider, or expert already affiliated with a party
Avoid unnecessary subpoena filings when a written notice is sufficient
Best Practices for Using CCP § 1987(b)
Serve written notice early — always more than 10 days before trial
Include full case caption, hearing date, and location
Retain proof of service
Use certified mail or personal service to eliminate challenges to delivery
When in doubt, use both written notice and a subpoena
Need Legal Help Serving a Subpoena or Notice to Appear?
At Impact Attorneys, we help clients and legal teams strategically manage subpoenas and notices under California law including Code of Civil Procedure § 1987(b). If your case involves key witnesses or corporate defendants, don’t risk getting it wrong.
📅 Schedule a free consultation
📞 Call us at 818-350-2349 or contact us online