Deposing a witness in California for a case pending in another state

Start with your out-of-state subpoena

The Act calls any document issued by a court of record outside California that commands a person in California to testify or produce discovery a foreign subpoena. You first get that subpoena (or a copy of it) from the court where your case is pending, following that court's own procedure. Everything in California is built on it: the California subpoena has to carry the same terms.

Two ways to get the California subpoena

• Through the superior court clerk. Submit the foreign subpoena, or a copy, to the clerk of the superior court in the county where the discovery will take place, with the application on Judicial Council form SUBP-030 and the fee set by Government Code section 70626. The application attaches a true and correct copy of the foreign subpoena and a proposed California subpoena whose terms are identical to it.
• Through a California attorney. Under section 2029.350, a California attorney retained for the purpose can issue the California subpoena from the foreign subpoena, also on the Judicial Council forms. The attorney who issues it is responsible for making sure its terms match.

For a deposition in Los Angeles, the county is Los Angeles County.

The Judicial Council forms

The California subpoena carries the caption and case number of your out-of-state case, names the California court for the county where the discovery happens, and lists the names, addresses and telephone numbers of counsel for every party and of any party without counsel.

Where the deposition can be held

Once the subpoena issues, California's discovery rules govern the deposition. Form SUBP-040 tells the witness: unless the court orders or the witness agrees otherwise, if the witness is being deposed as an individual, the deposition must take place within 75 miles of the witness's residence. The form adds that the location of the deposition for all deponents is governed by Code of Civil Procedure section 2025.250.

In practice that means finding a room close to the witness rather than close to you. If the witness lives in the Los Angeles area, Depo Pros has rooms at 835 Wilshire and 611 Wilshire Downtown, 9100 Wilshire in Beverly Hills and 201 Wilshire in Santa Monica. Check the distance from the witness's residence to the address before you put it on the subpoena; our guide to where a deposition can be held in California explains the distance rules in more detail.

Fees, service and recording

• Witness fees and mileage. SUBP-040 tells the witness they are entitled to witness fees and mileage actually traveled both ways, paid, at the option of the party giving notice, either with service of the subpoena or at the deposition.
• Service. The forms cite Code of Civil Procedure section 1985 and the deposition sections of the Civil Discovery Act; serve the California subpoena under California law, not your home state's.
• Recording. The form has boxes to tell the witness how the deposition will be recorded: stenographically, by audiotape or by videotape, and whether testimony will be shown on an instant visual display. Decide this before the subpoena is issued so the boxes match your plan.

If a dispute comes up over the subpoena, the Act provides a process for resolving it in California; check the current text of the Act for where and how to bring it.

If the case is in federal court

The California procedure above is for cases pending in another state's courts. In a federal case, Federal Rule of Civil Procedure 45 applies instead: a subpoena must issue from the court where the action is pending, and it can command attendance at a deposition only within 100 miles of where the person resides, is employed, or regularly transacts business in person. The room still has to be within that radius of the witness.

Running the deposition from out of town

Most of the work is logistics you would normally hand to your own office. A short plan:

1. Confirm the witness's residence and pick a room within the distance limit, ideally the one easiest for the witness to reach.
2. Book the room before the subpoena issues, so the address, suite and start time on the subpoena are final. Online bookings need 2 business days' notice, and cancelling at least 24 hours before the start gets a full refund.
3. Book a California court reporter. Depo Pros is not a court-reporting agency; bring your own or ask us to coordinate availability with an independent reporter, who quotes and bills you directly.
4. If anyone will attend remotely, book a room with a display and test the link the day before; see the remote and hybrid deposition setup guide.
5. Send the witness the full address, suite, floor, start time and parking or transit notes with the subpoena or soon after.

What the room costs

Prices are the same at every Los Angeles location and shown before you pay: the Deposition Room (up to 8 seats) is $125 an hour, $450 for a half day or $850 for a full day; the Large Deposition Room (up to 12 seats, room for a videographer) is $150, $550 or $1,050. There is a 2-hour minimum and no booking fee. A client meeting room next door, at $50 an hour, gives you somewhere private to prepare or take calls during breaks. See the full breakdown in deposition room cost in Los Angeles.

Sources: Judicial Council of California forms SUBP-030 and SUBP-040; Judicial Council Invitation to Comment SPR09-12 (forms implementing AB 2193, the Interstate and International Depositions and Discovery Act, Code Civ. Proc. sections 2029.100 to 2029.900); Code Civ. Proc. section 2025.250; Federal Rule of Civil Procedure 45(a)(2) and 45(c)(1)(A). Checked October 27, 2026. Read the current official text at courts.ca.gov and leginfo.legislature.ca.gov. This guide is practical information, not legal advice. Rules on deposition notice, location, duration and remote attendance vary by court and jurisdiction and change over time; check the current rule for your case.

Quick answers

Do I need a California attorney to depose a witness in California?

Not necessarily for the subpoena. Under the Interstate and International Depositions and Discovery Act you can submit the foreign subpoena to the clerk of the superior court in the county where the deposition will take place, with form SUBP-030 and the fee, or have a retained California attorney issue the subpoena. Whether you need local counsel for anything else depends on your case; check the rules that apply to you.

Which form do I use to subpoena a witness to testify in California for an out-of-state case?

Form SUBP-040 for testimony only, or SUBP-045 for testimony plus documents. For records only, use SUBP-035. If you go through the court clerk, file the SUBP-030 application with the foreign subpoena attached.

How far from the witness can the deposition be?

Form SUBP-040 says that, unless the court orders or the witness agrees otherwise, an individual must be deposed within 75 miles of their residence, and that the location for all deponents is governed by Code of Civil Procedure section 2025.250. In federal cases, Rule 45 sets a 100-mile limit.

Can Depo Pros arrange the court reporter?

Depo Pros rents rooms and is not a court-reporting agency. Bring any reporter you like, or ask us to coordinate availability with an independent reporter, who quotes and bills you directly.