Legal Question in Real Estate Law in California

Is your case in state or federal court? The procedures vary somewhat.

In general, an individual can subpoena a non-party if a lawsuit is pending and the individual is a party to the lawsuit. If the broker is a party to the action, other discovery procedures are probably more appropriate.

You can't subpoena someone unless you are a party to a pending lawsuit, and you can't subpoena someone unless their evidence or testimony is relevant to the suit.

A non-attorney should seek assistance from the court clerk. Attorneys can sign subpoenas because they are considered officers of the court.

If you are representing yourself, and need to subpoena a third party, you must have the subpoena filled out and take it to the court clerk for "issuance."

Mr. Roach is correct. The court must issue the subpoena for you. Attorneys can issue them because they are officers of the court. Pro per parties must have the court issue them. Some courts make this very easy (Orange County Superior Court has pre-issued blank subpoenas available), others are more difficult. Each has their own procedures.