California Subpoena Witness Fees (Cal. Gov. Code § 68093 $35.00/Day + $0.20/Mile Both Ways) vs. Business Records Custodian Fees (Cal. Evid. Code § 1563(b)(6) $15.00) & CCP § 1987 Service Rules

Section 1: California Statutory Subpoena Witness Fee & Service Comparison Matrix

Confusing California’s personal-appearance witness fee statute (Cal. Gov. Code § 68093) with the business-records custodian fee statute (Cal. Evid. Code § 1563) is a leading cause of rejections at California hospital Health Information Management (HIM) desks, bank intake counters, and registered agent hubs. Compare the exact statutory fees and service rules below:

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Section 2: Step-by-Step Execution Under CCP § 1987, Gov. Code § 68093 & Evid. Code § 1563

California law governs personal-attendance subpoenas and records-only subpoenas under two distinct statutory rules:

1. Mandatory Personal Delivery Under CCP § 1987(a): Unlike a civil summons—which allows substituted service under CCP § 415.20 after diligent attempts—a California civil subpoena compelling an individual witness to appear (SUBP-001 or SUBP-015) must be delivered personally to the witness (unless served on a party’s attorney via Notice to Attend under CCP § 1987(b)).
2. Calculating the $35.00/Day + $0.20/Mile Two-Way Witness Fee (Cal. Gov. Code § 68093): A non-party witness subpoenaed for personal appearance at trial or deposition is entitled to $35.00 per day plus $0.20 per mile actually traveled, both ways, between the witness’s residence and the appearance location. Under CCP § 1987(a) and § 2020.230(a), if the witness demands fees at the time of service and is not paid, the witness is not obligated to appear.
3. Tendering the $15.00 Custodian Fee for Business Records Only (Cal. Evid. Code § 1563(b)(6)): When serving a Deposition Subpoena for Production of Business Records (Form SUBP-010) requiring no personal attendance, the serving party tenders a $15.00 check at service. After producing records, the custodian may bill statutory copy costs under Evid. Code § 1563(b)(1) ($0.10/page for standard copies, $0.20/page from microfilm, and up to $24.00/hour—$6.00 per quarter hour—for clerical retrieval).
4. Consumer & Employee Privacy Notice Deadlines (CCP § 1985.3 & § 1985.6): Subpoenas seeking personal consumer records (medical, hospital, banking, insurance) or employment records must include either a signed authorization or a Notice to Consumer or Employee and Objection (Form SUBP-025) served on the consumer at least 5 days before serving the custodian (plus 5 extra days if mailed inside California under CCP § 1013), with a production date at least 15 days after service on the custodian (and 20 days after issuance under CCP § 2020.410(c)).

Section 3: Field Rejection Audits — Why California Subpoenas Get Refused at the Door

Subpoenas delivered to hospital HIM departments, banks, and corporate registered agents across California are most often rejected at intake for four reasons:

• Missing $15.00 Custodian Check at Hospital HIM Desks: Major facilities—including Kern Medical Center (1700 Mount Vernon Avenue, Bakersfield, CA 93306), Mercy Hospital Downtown (2215 Truxtun Ave, Bakersfield), and UC Davis Medical Center—require the $15.00 check under Cal. Evid. Code § 1563(b)(6) and the executed SUBP-025 Notice to Consumer proof of service attached to Form SUBP-010.
• Hospital Main Lobby vs. Separate Physician Group: Emergency physicians, radiologists, and anesthesiologists are often independent medical corporations. A subpoena directed only to the hospital will not capture independent billing records unless a separate SUBP-010 is served on the physician group’s registered agent.
• Entity Name Mismatch at CT Corp (Glendale) & CSC (Sacramento): Intake specialists at CT Corporation System (330 North Brand Boulevard, Glendale, CA 91203) and CSC-Lawyers Incorporating Service (2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833) reject subpoenas addressed to generic trade names (e.g., “Farmers Insurance”) instead of the exact California Secretary of State registered entity name.
• Short Production Window (CCP § 2020.410(c)): Setting a production date fewer than 15 calendar days after actual service on the custodian triggers formal written objections.

Section 4: Court-Ready Subpoena Proof of Service Requirements

To enforce a California subpoena via a Motion to Compel (CCP § 1987.1) or Contempt (CCP § 1991), the Proof of Service on Page 2 of Form SUBP-001, SUBP-010, or SUBP-015 must state:

• The exact date, time, and physical address where the witness or custodian was served;
• The exact dollar amount of the witness fee (Gov. Code § 68093) or $15.00 custodian fee (Evid. Code § 1563(b)(6)) tendered;
• Confirmation that Form SUBP-025 Notice to Consumer and Proof of Service were served simultaneously; and
• The server’s B&P Code § 22350 registration number, county, and signature under penalty of perjury (CCP § 2015.5).

Section 5: Statutory Edge-Case Q&A on California Subpoena Service

Q1: How far can a non-party witness be compelled to travel for a California deposition?

Under CCP § 2025.250(a), a natural person’s deposition must be taken within 75 miles of the deponent’s residence, or within the county where the action is pending and within 150 miles of the deponent’s residence.

Q2: How do I domesticate an out-of-state subpoena in California under UIDDA?

Under CCP §§ 2029.100–2029.900, submit the foreign subpoena, Form SUBP-030, the corresponding California subpoena (SUBP-035/040/045), and the $45.00 clerk fee (Gov. Code § 70626(b)(5)) to the Superior Court in the county where discovery occurs—or have an active California attorney issue the subpoena under CCP § 2029.350.

Q3: Can yprocess servers advance the $15.00 Evid. Code § 1563 check or $35.00 Gov. Code § 68093 witness fee?

Yes. Note the required check in Special Instructions on our online order portal and process servers will tender the statutory fee check at service.