Both get you information from a third party. Both require service and proper notice. But they’re different instruments designed for different situations — and confusing the two creates scheduling problems, cost surprises, and potentially inadmissible evidence.

Here’s a clean breakdown of what distinguishes a records-only subpoena from a deposition subpoena, when each applies in California litigation, and what it means for your case timeline.

The Core Distinction

A records subpoena (formally a Deposition Subpoena for Production of Business Records, SUBP-010) compels a custodian of records to produce documents only. The custodian does not appear and does not testify. They deliver the records to a deposition officer, who certifies and transmits them to counsel.

A deposition subpoena (compelling testimony and/or records, SUBP-015 or similar) compels a witness to appear, give testimony under oath, and potentially also produce documents. A court reporter is present. If documents are produced in conjunction with testimony, a deposition officer may still be needed for certification.

The shorthand: one is about paper, the other is about the person.

When You Use Each

Use a Records Subpoena When:

You need financial records, phone records, medical records, or employment records from a third-party business
The custodian has no relevant personal knowledge — they’re just the keeper of the documents
You want to keep costs lower and timelines tighter by avoiding a live deposition
The business will comply without a witness being put on the record

Records subpoenas are the workhorse of civil discovery. Most document productions in Sacramento County personal injury, employment, and commercial litigation run through this mechanism.

Use a Deposition Subpoena When:

You need testimony from a third-party witness (not a party to the action)
You need a corporate representative designated under CCP §2025.230 to testify about the company’s records or practices
The documents alone aren’t enough — you need someone on the record explaining, authenticating, or contextualizing them
You’re deposing an expert retained by the other side

A deposition subpoena requires more coordination: court reporter, videographer if needed, conference room or remote setup, and a deposition officer if records are also being produced at the deposition.

Why the Distinction Matters for Scheduling

Records subpoenas require 20 calendar days of notice to the custodian under CCP §2020.410. The custodian produces documents without appearing, so scheduling is simpler — you pick a production date, serve the subpoena, and wait.

Deposition subpoenas require 10 days’ notice to the deponent under CCP §2025.270, but coordinating a live deposition involves more moving parts: the witness’s availability, counsel availability, court reporter booking, and (if records are included) officer logistics. In practice, deposition subpoenas often take longer to coordinate despite the shorter statutory notice period.

Cost Implications

The two instruments also carry different costs.

For a records subpoena, your primary costs are drafting, service, officer attendance, and certified delivery. SACRPS offers full-service records subpoena handling starting at $575 flat — that covers service, officer, scanning, certification, and delivery.

For a deposition subpoena, add court reporter fees, any videography, and potentially a conference room. If records production is also involved, deposition officer fees apply on top of transcript costs. The deposition officer role doesn’t disappear just because a reporter is present.

A Common Misconception

Many attorneys assume the court reporter handles document certification at a deposition. In California, the court reporter certifies the transcript of testimony — not the documents produced. If a witness brings records to a deposition and hands them over, those records still need an officer to log, copy, and certify them as part of the production. Skipping this step creates a chain-of-custody gap.

How to Book Either Service With SACRPS

SACRPS handles both sides of this:

Records Subpoena (documents only)

Full-Service: $575 flat (draft, serve, officer, certify, deliver)
Rush 5-day: $675 flat
Officer + Service only (you draft): $400

Deposition Officer for Live Depositions

Officer only (designate, calendar, scan, encrypted delivery): $250
CNR / Cancellation fee: $75

We serve Sacramento County and surrounding areas. If you’re not sure which instrument fits your situation, reach out — we can walk through the facts of your matter and help you identify the right approach.

Contact SACRPS to schedule your next subpoena or deposition officer engagement.