Civil

SUBP-040: Deposition Subpoena for Personal Appearance in Action Pending Outside California

Fillable PDFJudicial Council of California

This form orders a person to appear and give testimony in person at a deposition for a lawsuit that is being handled in a court outside of California. A lawyer or party in an out-of-state case uses this form to compel a witness who is in California to participate in the discovery process by answering questions under oath.

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Forms that go with SUBP-040

SUBP-001AttachmentCivil Subpoena for Personal Appearance at Trial or HearingThe Civil Subpoena (for Personal Appearance at Trial or Hearing) is the original subpoena document that SUBP-040 is filed in reference to when service could not be completed.›SUBP-025AttachmentNotice to Consumer or Employee and ObjectionThe Deposition Subpoena for Personal Appearance is a related subpoena form that may also go unserved in deposition contexts, making SUBP-040 necessary to report failed service.›SUBP-002AttachmentCivil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and DeclarationThe Civil Subpoena (for Personal Appearance and Production of Documents, Electronically Stored Information, and Things) may be the underlying unserved subpoena that necessitates filing the SUBP-040 affidavit.›POS-040Often filed with itProof of Service—CivilThe Proof of Personal Service form is commonly filed alongside the affidavit to document all attempted and successful service efforts in the same proceeding.›POS-030Often filed with itProof of Service by First-Class Mail—CivilThe Proof of Service by First-Class Mail is often filed in conjunction with SUBP-040 to show that mail service was attempted as part of the overall service effort.›

More Civil forms

SUBP-015Deposition Subpoena for Personal Appearance›SUBP-020Deposition Subpoena for Personal Appearance and Production of Documents and Things›SUBP-030Application for Discovery Subpoena in Action Pending Outside California›SUBP-035Subpoena for Production of Business Records in Action Pending Outside California›SUBP-045Deposition Subpoena for Personal Appearance and Production of Documents, Electronically Stored Information, and Things in Action Pending Outside California›SUBP-050Subpoena for Inspection of Premises in Action Pending Outside California›
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