Q: If the process server contacts the witness and they refuse to accept the subpoena, what should be done.

A: Service of process is not dependent on someone accepting service. If you process server presents the document to the person they are considered served.

A: If a witness in California refuses to accept a subpoena and provide their address for proper service, there are a few steps that can be taken:

1. Diligent Effort: The process server should make a diligent effort to serve the subpoena in person. This may involve multiple attempts at different times and locations.

2. Substitute Service: If personal service is not possible, the process server can attempt "substitute service" by leaving the subpoena with someone of suitable age and discretion at the witness's residence or usual place of business, and then mailing a copy to the same address.

3. Service by Mail: If the witness's address is known, the subpoena can be served by mail. However, this requires the witness to acknowledge receipt, which they may refuse to do.

4. Motion to Compel: If the above methods are unsuccessful, the party issuing the subpoena can file a motion with the court to compel the witness to accept service and comply with the subpoena. The court may then issue an order requiring the witness to cooperate.

5. Contempt of Court: If the witness still refuses to comply after being ordered by the court, they may be held in contempt of court, which can result in fines or even jail time.

6. Seek a Bench Warrant: In extreme cases, the court may issue a bench warrant for the witness's arrest to compel their appearance.

Remember, throughout this process, it's important to document all attempts at service and the witness's refusal to accept the subpoena. This documentation will be necessary if court intervention is required.

It's advisable to consult with an attorney experienced in California civil procedure to ensure the proper steps are followed and to assist with any necessary court motions.