Notices to attend a hearing or subpoena someone

Notice to Attend Hearing or Trial

A Notice to Attend (also called a Notice in Lieu of Subpoena) is a written notice that requires the other person to attend the court hearing (court date) or trial. It also tells them when and where it will take place.

The Notice to Attend works like a subpoena but is easier to use. You don't need the court clerk to issue or sign it before you serve (give) it. You can serve it yourself and then file it afterward. This saves you an extra trip to the courthouse.

Unlike a subpoena, you can usually serve a Notice to Attend by mail to the other person’s lawyer (or to them directly if they do not have a lawyer).

➡️ Learn how to file a Notice to Attend

➡️ Learn how to object to a Notice to Attend

Notice to Attend Hearing or Trial and Bring Documents

This type of notice requires the other person to come to court and bring documents or other evidence you need for your case. You must include a list of what they need to bring, such as:

• Books, receipts, or account statements

• Electronically stored information (like emails or records)

• Any other papers or items they have that can support your case

This notice is helpful when you want the other person to testify and bring proof at the same time.

➡️ Learn how to file a Notice to Attend and Bring Documents

➡️ Learn how to object to a Notice to Attend and Bring Documents

Subpoenas

A subpoena is a court order that requires someone to:

• Come to court to testify, and/or

• Bring documents or other evidence to your hearing (court date) or trial

You can subpoena:

• The other person in your case, or

• Someone who is not part of your case (a witness)

You may use a subpoena if:

• The person lives in California, and

• You think they might not come to court unless ordered, or

• They have documents or evidence and will not share them with you

📌 Usually, subpoenas are used for witnesses, not for the other party in your case. If the person is already a party, you can use a Notice to Attend instead of a subpoena.

➡️ Learn how to subpoena someone

➡️ Learn how to object to a subpoena

➡️ Learn about subpoenas for business records

When to use a Notice to Attend

You can use a Notice to Attend if you want the other person in your case to:

• Come to court for your hearing (court date) or trial, or

• Bring documents you need to prove your case

⚠️ You can only use this if the other person lives in California.

When this might help

A Notice to Attend may be useful when:

• You are asking for child support, spousal support, or attorney’s fees, and the judge needs financial information to decide

• You want the judge to ask the other person questions about documents or facts in the case

• You need the other person to bring papers like pay stubs, tax returns, or business records

💬 Tip: Before doing this extra paperwork, talk to your court’s self-help center or a lawyer to see if this step makes sense for your case.

You have the right to object if you think the notice is unfair or wrong.

📅 You must act within 5 days after being served (or by the court’s deadline).

To object means to tell the court in writing that you disagree with the notice and explain why.

How to object

1. Write your objections. Explain why you should not have to go or bring the requested documents.

   Use the Objection template

2. Make 2 copies

3. Have someone 18 or older serve (give) your objection

   • By mail: use form FL-335

   • In person: use form FL-330

4. File the original and one copy at the courthouse

5. Keep your file-stamped copy for your records

If you and the other side cannot agree, the court may hold another hearing (court date) to decide.

⚠️ If you ignore a Notice to Attend, the judge may make orders against you, including money penalties.

If you are subpoenaed, you have the right to object.

If you are a party in the case:

• You must file a Request to Quash the Subpoena using Request for Order (form FL-300)

• To quash means to ask the court to cancel the subpoena

• Explain what you object to (for example, that it is too broad or asks for private documents)

• Make 2 copies, serve the other side, file your forms, and go to the hearing (court date)

The judge may cancel (quash) the subpoena, change it, or order you to follow it.

Subpoenas for business records

You can also subpoena records directly from a business, like:

• Bank statements

• Pay records

• Credit card statements

Use:

• Civil Subpoena (Duces Tecum) (form SUBP-002) for a court date, or

• Deposition Subpoena (form SUBP-020) if you only need copies and not the person to appear

Before the business releases records, the other person in your case must get a Notice to Consumer or Employee and Objection (form SUBP-025), so they can object.

💬 Talk to a lawyer or self-help center if you need to subpoena business or financial records — this process can be complicated.