CAND 89A (Rev 2025

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42 votes

The document is a subpoena issued by the United States District Court for the Northern District of California, commanding an individual to appear and testify in a criminal case. It includes details about the court location, date, and time of appearance, as well as instructions for bringing specific documents or objects if required. The form also contains sections for proof of service and declaration by the server.

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Click ‘Get Form’ to open the CAND 89A (Rev) in the editor.
Begin by filling in the 'Case No.' field at the top of the form. This is essential for identifying your specific case.
In the 'TO:' section, enter the name of the individual being commanded to testify. Ensure accuracy to avoid any legal complications.
Specify the 'PLACE' where the testimony will occur. You can select from options like U.S. Courthouse locations listed on the form.
Fill in the 'COURTROOM/JUDGE' section by selecting an appropriate courthouse and judge from the provided options.
Indicate the 'DATE AND TIME' for when you are required to appear, ensuring it aligns with court schedules.
If applicable, check off any documents or objects you are commanded to bring along as indicated in that section.
Complete the 'PROOF OF SERVICE' section after serving this subpoena, including dates and signatures as required.

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Can subpoenas be served by email in California?

Service by fax or email is only allowed if you get written permission agreeing to fax or email service from the person being served prior to the subpoena being sent. Subpoenas for people to testify must name the person and the time, date and place of the due process hearing.

What makes a subpoena invalid California?

In the case of a subpoena duces tecum which requires appearance and the production of matters and things at the taking of a deposition, the subpoena shall not be valid unless a copy of the affidavit upon which the subpoena is based and the designation of the materials to be produced, as set forth in the subpoena, is

How are subpoenas served?

A subpoena is typically requested by an attorney on behalf of the court and issued by a court clerk, notary public or justice of the peace. A subpoena may be served on an individual either through personal delivery, email, certified mail or even by reading it out aloud.

Can you refuse a subpoena in California?

Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a contempt by the court issuing the subpoena.

How do you get out of a subpoena as a victim?

The summons orders the person to testify. In some cases, the judge can take steps to force the victim to testify. If exceptional circumstances prevent the victim from going to court that day, the victim should contact the criminal and penal prosecuting attorney before the trial to ask to be excused from court.

Can someone accept a subpoena on my behalf?

A subpoena to a particular named person rather than the University can only be accepted by that person.

How is a subpoena legally served in California?

Serve the Subpoena. Serve a copy of the Civil Subpoena on the person you want to come to court. It must be served within a reasonable time in order for the other person to be able to travel to the hearing (or trial). Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail).

Do you get paid for being subpoenaed as a witness?

Tariff A of the Federal Court Rules provides that a witness or expert is entitled to be paid, by the party who arranged for or subpoenaed his or her attendance, the prescribed per diem plus reasonable travel expenses.