Legal Question in Civil Litigation in California

Re: no show subpoena witness

There are a number of things the Court could do. Under California law, failure to obey a subpoena to attend trial is punishable by contempt of court. The maximum penalty for contempt of court is 5 days in jail and/or a find of up to $1000. The court can also order the offending party to pay statutory damages to the party who issued the subpoena in the amount of $500 plus all damages resulting from the failure to obey the subpoena, including attorney's fees. The court could issue a warrant of attachment, which would allow the Sheriff's department to place the witness under arrest and bring them to court.

What would the court actually do? The last time this happened to one of my clients, the witness refused to bring documents to the trial and the court didn't care and proceeded to conduct the trial. The judge MIGHT continue the trial and let you iniate the contempt proceedings or get the warrant of attachment to force them to attend the trial. But you should be prepared to put on your best case possible if the witness doesn't show up and the judge wants to proceed with the trial.

By the way, make sure you have a signed proof of PERSONAL service of the subpoena. Service of the subpoena by a private process server or Sheriff is the preferred method.