Legal Question in Business Law in California

Books, documents or other tangible evidence in the possession or control of another party can be obtained at trial simply by serving a written �notice to produce.� [CCP � 1987(c)]. This simplified procedure is an alternative to a subpoena duces tecum.

Also, a party's presence can be compelled without subpoena by service of written notice on the party or attorney of record at least 10 days before the desired attendance. If production of documents is also requested, notice must be given at least 20 days before the desired attendance. [CCP � 1987(b),(c)]

However, there is no equivalent "notice to produce" or "notice to appear" procedure for obtaining the presence or participation of a nonparty witness at a civil trial, and the subpoena is the proper way to assure a nonparty witness' presence at trial.

It's not clear from your post in what capacity the employee acts. As Mr. Whipple, relates a subpoena is not necessary for a party, but rather a notice pursuant to Code of Civil Procedure section 1987 subdivision (b), to compel their attendance at a trial. This notice is alos sufficient for anyone who is an officer, director, or managing agent of a party.