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I declare under penalty of perjury that this information is true. Subpoena to Testify at a Deposition in a Civil Action.Download Form (pdf, 1. A subpoena commanding attendance at a deposition must state the method for recording the testimony. A subpoena generally may only command a non-party to testify at a deposition, hearing, or trial if the place of testimony is: •. A deposition is taking a witness' testimony outside of court. Subpoena: A command to appear in court to testify as a witness. WHAT IS A SUBPOENA? A subpoena is the process to require the attendance of a non-party witness at deposition, hearing or trial. This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d). c.