Domesticate and Serve Foreign Subpoenas Nationwide under UIDDA
Do you need to domesticate an out of state subpoena (aka "foreign subpoena") and have it served in another state?
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The Uniform Interstate Depositions and Discovery Act (UIDDA) provides simple procedures for courts in one state to issue subpoenas for out-of-state depositions and records requests.
Our expert staff can help you domesticate an out of state subpoena and have it served professionally and without delay. Please call or email to have a subpoena domesticated and served Nationwide professionally and without delay.
DOMESTICATING A SUBPOENA IN STATES THAT RECOGNIZE THE UNIFORM INTERSTATE DEPOSITION AND DISCOVERY ACT (UIDDA)
According to the UIDDA, domesticating a subpoena under the UIDDA requires litigants to “present a clerk of the court located in the state where discoverable materials are sought with a subpoena issued by a court in the trial state. Once the clerk receives the foreign subpoena, the clerk will issue a subpoena for service upon the person or entity on which the original subpoena is directed.”
The process will depend on whether both states recognize the UIDDA, which makes the process uniform for states that have adopted it.
The Uniform Interstate Deposition and Discovery Act has been adopted by over 30 states to make the process as straight forward as possible. These states include:
Alabama, Alaska, Arizona, California, Colorado, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin.
Step One: Issuing the Subpoena
Under the UIDDA, the foreign subpoena is submitted to the County Clerk in the state where the deposition or discovery is to take place. The clerk then issues the subpoena for service in line with their court’s process and regulations. In some states, a local attorney can also domesticate an out of state subpoena without the need to have it issued through court.
Step Two: Serving the Subpoena
The Rules of Civil Procedure for the state in which the subpoena is to be served will need to be followed. Any applicable witness fee will need to be served with the subpoena.
States that Have Not Yet Adopted the Act
If the discovery state has not adopted the Act, then obtaining testimony or records from that state’s residents will be more difficult. Some of those states require the court in the discovery state to issue mandates or letters rogatory to the court in the trial state before a subpoena may issue. As of today, only six states have yet to adopt the Act: Connecticut, Massachusetts, Missouri, New Hampshire, Texas, and Wyoming. In Texas, local procedures protect residents and may require Texas counsel to obtain discovery.
DOMESTICATING IN STATES THAT DON’T RECOGNIZE THE UIDDA
For states that do not recognize the UIDDA, the process of domesticating a subpoena will be different. In general, a request will need to be made with the local court to have the subpoena issued by the court where the subpoena is to be served. This usually involves filling out an application, submitting a petition and sending any related documents to the court. In some cases, you will need to file a formal petition, and some states even require a practicing attorney to file the petition.
In some states such as Massachusetts and New Hampshire, it may be necessary to engage a local attorney to issue the subpoena. We have established relationships with attorneys in these states who can assist to domesticate foreign subpoenas.
It is also important to contact the local court to obtain the procedures to domesticate an out of state procedure as they may vary from court to court.
Colorado Issuing Out of State Subpoena
Connecticut Out Of State Commission to Depose a Connecticut Resident
Illinois Process For Local Counsel
Utah Court Guidance on Subpoenas
Due to the rapidly changing nature of the law, there may be times when the material on this page is not current. We have made every effort to provide complete and accurate information of the general rules governing domestication and service of process of subpoenas nationwide. However, we cannot guarantee the current accuracy of the above listed content, it is provided for general information purposes only and is not intended as legal advice. We assume no liability whatsoever and will not be held responsible directly or indirectly for any damages resulting from any errors, omissions, inaccuracies or your reliance on this partial information.