Rights and Duties of Witnesses in Civil Actions

Part 4, Title 5 of the California Code of Civil Procedure deals with the rights and duties of witnesses. Section 2064 provides that a witness, served with a subpoena, must attend at the time appointed, with any papers under his or her control lawfully required by the subpoena, and answer all pertinent and legal questions; and, unless sooner discharged, must remain until the testimony is closed.

Section 2065 states that any witness who is subpoenaed in any civil or administrative action or proceeding must be given written notice on the subpoena that the witness may be entitled to receive fees and mileage. The notice also has to indicate generally the manner in which the request for fees and mileage should be made.