In Vermont, foreign subpoenas are domesticated under the Vermont Rules of Civil Procedure — VRCP 45(f) with cross-reference to VRCP 28(d) — by filing the foreign subpoena, a completed Vermont Civil Subpoena (form 100-00501), a cover letter, and a list of all attorneys and unrepresented parties with the Superior Court Civil Division clerk in the
county where discovery is sought. The filing fee is $295.00 under 32 V.S.A. § 1431(b)(1). Unlike most UIDDA states, a Vermont judge reviews the package before the subpoena is
issued. Countrywide Process prepares the Vermont subpoena package, files in the correct county Superior Court, and arranges professional service through vetted Vermont process servers under VRCP 45.
Recency note. Current as of November 2025. 32 V.S.A. § 1431 was last amended through the 2025 General Assembly session; the $295.00 Superior Court entry fee at subsection (b)(1) is current. VRCP 45(f) governs foreign subpoenas; confirm current Vermont Judiciary filing instructions before filing.
Countrywide Process
June 02, 2026
Vermont incorporated the Uniform Interstate Depositions and Discovery Act directly into its Rules of Civil Procedure rather than into a numbered statute chapter. The governing authority is Vermont Rule of Civil Procedure 45(f), with related deposition mechanics at VRCP 28(d). Vermont’s UIDDA adoption became effective in 2011, making Vermont one of the model act’s earlier adopters.
Under VRCP 45(f)(3), a party seeking a Vermont subpoena based on a foreign subpoena submits the package to a Vermont Superior Court clerk in the county where discovery is sought. The issued Vermont subpoena must incorporate the terms of the foreign subpoena, contain the contact information for all counsel of record and self-represented parties, and advise the person subpoenaed of the right to file a motion to modify or quash. The form requirements track the Vermont Civil Subpoena (form 100-00501), the Judiciary’s official mandatory form.
File with the Vermont Superior Court Civil Division clerk in the county where discovery is sought — the county where the witness resides, the records custodian is located, or the inspection is to occur. Vermont has 14 counties, each with its own Superior Court. Chittenden County (Burlington) handles the largest share of Vermont UIDDA filings.
Vermont’s Superior Court is divided into a Civil Division, a Criminal Division, a Family Division, and a Probate Division; UIDDA filings go to the Civil Division. The filing package must contain four items: (1) a cover letter explaining the request for a subpoena in connection with a nonVermont case; (2) the foreign subpoena; (3) a completed Vermont Civil Subpoena, form 100-00501, with all applicable information filled in; and (4) a list of all attorneys or unrepresented parties in the foreign case, with addresses and phone numbers.
The Vermont filing fee is $295.00 under 32 V.S.A. § 1431(b)(1), which sets the entry fee for any cause in the Superior Court. Vermont treats the foreign subpoena filing as a new Superior Court cause requiring the full entry fee — substantially higher than the per-filing fee in most UIDDA states. Fee waivers under VRCP 3.1 are available for litigants who qualify.
Vermont’s $295 fee is among the highest in the UIDDA cluster. Compared to Utah ($35 under §78A-2-301(1)(t)), Michigan ($0 clerk fee with a $20 motion fee under MCL 600.2529), or even Delaware ($75 under 10 Del. C. § 4311), Vermont’s full Superior Court entry-fee treatment reflects the judge-review step described below. Inference, from the volume of UIDDA filings, Countrywide processes nationally: clients filing into Vermont consistently flag the fee differential at intake
| Cost Item | Vermont Authority and Amount |
|---|---|
| Superior Court Entry Fee | $295.00 — 32 V.S.A. § 1431(b)(1) |
| Fee Waiver (In Forma Pauperis) | Available under VRCP 3.1; Form 600-00228 Application to Waive Filing Fees and Service Costs |
| Subsequent Motion Fee | Varies by motion type under 32 V.S.A. § 1431; motion practice constitutes an appearance |
Yes — this is Vermont’s most consequential deviation from the standard UIDDA workflow. Under the Vermont Judiciary’s published filing instructions, a judge reviews the foreign subpoena package and determines whether the requirements have been met before the court issues the Vermont subpoena. Most UIDDA states delegate issuance to the clerk asa ministerial act; Vermont layers judicial review on top.
In practical terms, Vermont UIDDA filings carry a longer turnaround than ministerial-clerk states like Utah or Michigan. The judicial review is not adversarial — it is a sufficiency check on whether VRCP 45(f) and the supporting form requirements have been satisfied — but it does mean the requesting party should not assume same-week issuance. Inference, based on the volume of Vermont UIDDA filings Countrywide handles: typical turnaround from filing to issued subpoena runs one to three weeks in Vermont, versus a few business days in pure ministerial clerk states.
Vermont local counsel is not required to request issuance of a Vermont UIDDA subpoena, and a request does not constitute an appearance in Vermont court. Local counsel becomes relevant if a motion is later filed under VRCP 45(f)(3)(B) — to quash, modify, or compel — because motion practice does constitute an appearance and triggers Vermont pro hac vice rules.
Out-of-state counsel who anticipates contested motion practice in Vermont typically retains Vermont-licensed counsel or seeks pro hac vice admission under Administrative Order No. 41, the Vermont Supreme Court rule governing temporary out-of-state attorney admission. Because Vermont judicial review applies even at the initial issuance step, some filers retain Vermont counsel proactively to address any rule-sufficiency questions the reviewing judge raises before issuance.
Identify the destination Vermont county; complete Vermont Civil Subpoena form 100-00501; prepare the cover letter and the list of all attorneys and unrepresented parties; submit the package with a $295.00 fee to the county Superior Court Civil Division clerk; wait for the judge’s review and approval; receive the issued Vermont subpoena; serve under VRCP 45.
| Step | Action | Authority and Detail |
|---|---|---|
| 1 | Identify the Destination Vermont County | The county where the witness resides, records are kept, or inspection occurs — VRCP 45(f)(3) |
| 2 | Complete Vermont Civil Subpoena Form 100-00501 | Vermont Judiciary mandatory form; must incorporate the foreign subpoena’s terms |
| 3 | Prepare Cover Letter and Counsel List | Cover letter explains the request; counsel list includes addresses and phone numbers for all attorneys and self-represented parties |
| 4 | File the Package with the Clerk | Foreign subpoena + Vermont subpoena + cover letter + counsel list + $295 filing fee — 32 V.S.A. § 1431(b)(1) |
| 5 | Judge Reviews the Package | Vermont-specific step: judge confirms VRCP 45(f) requirements are met before the subpoena issues |
| 6 | Receive the Issued Vermont Subpoena | Issued upon judicial approval |
| 7 | Serve Under VRCP 45 | Service by a non-party adult; witness fee tendered at service per VRCP 45 and 32 V.S.A. § 1551 |
Operational pro-tip —
Vermont turnaround planning
Because Vermont’s UIDDA workflow requires judicial review before clerk issuance, build a one-to-three-week buffer between filing and your planned service date — substantially longer than ministerial-clerk UIDDA states. Confirm coverletter content meets the destination county’s intake expectations; some Vermont Superior Court clerks have local-practice preferences about how cover letters identify the foreign court and case caption, and a mismatch can stall judicial review
Countrywide Process prepares the Vermont UIDDA package — the completed Vermont Civil Subpoena form 100-00501, the cover letter, the counsel list, and the foreign subpoena assembly — files in the correct Vermont Superior Court Civil Division with the $295.00 statutory fee, and coordinates VRCP 45-compliant service through vetted Vermont process servers. The Vermont order ships with real-time status tracking and digital proof of service. Counsel retains full control of the substantive legal content; we handle the procedural execution.
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This article is provided for informational purposes only and does not constitute legal advice. Authorities referenced include Vermont Rule of Civil Procedure 45(f) (Vermont UIDDA); VRCP 45(f)(3)(B) (objection procedure); VRCP 28(d) (depositions in foreign actions); VRCP 45 (subpoena form and service); VRCP 3.1 (fee waiver); 32 V.S.A. § 1431(b)(1) ($295.00 Superior Court entry fee, current through the 2025 General Assembly session); 32 V.S.A. § 1551 (witness fees); Vermont Administrative Order No. 41 (pro hac vice); and Vermont Judiciary forms 100-00501 (Civil Subpoena) and 600-00228 (Application to Waive Filing Fees and Service Costs). Vermont Rules of Civil Procedure are subject to amendment by the Vermont Supreme Court; filing fees are subject to amendment by the General Assembly. Confirm current rules, fees, and forms with primary sources and the destination Superior Court clerk before filing. Countrywide Process is a processserving and legal-support company; it does not provide legal advice and does not draft subpoena content.
Yes. Vermont adopted the Uniform Interstate Depositions and Discovery Act through its Rules of Civil Procedure rather than through a numbered statute, codifying the framework at VRCP 45(f) with related provisions at VRCP 28(d). The Vermont UIDDA adoption became effective in 2011. Vermont’s adoption tracks the model act with notable state specific deviations, including a judicial-review step before clerk issuance.
The Vermont filing fee is $295.00 under 32 V.S.A. § 1431(b)(1) — Vermont treats the foreign subpoena filing as a new Superior Court cause requiring the full entry fee. This is materially higher than ministerial-clerk UIDDA states. Fee waivers are available for qualifying litigants under VRCP 3.1, using Vermont Judiciary form 600-00228.
Not strictly. The request for issuance does not constitute an appearance in Vermont court. However, because Vermont requires judicial review before issuance — unlike most UIDDA states — some filers retain Vermont counsel proactively to address rule-sufficiency questions the reviewing judge may raise. Local counsel becomes mandatory if motion practice ensues, which does constitute an appearance
File with the Vermont Superior Court Civil Division clerk in the county where discovery is sought. Vermont has 14 counties, each with its own Superior Court. The largest UIDDA filing volume goes through Chittenden County (Burlington); other significant venues include Washington County (Montpelier) and Rutland County (Rutland).
Not automatically — Vermont layers a judicial-review step on top of clerk issuance. The Vermont Judiciary’s published filing instructions state that a judge reviews the documents and determines whether the requirements have been met before the court issues the Vermont subpoena. This is unusual within the UIDDA cluster; most states treat clerk issuance as purely ministerial.
Vermont requires use of the Vermont Civil Subpoena, form 100-00501 (revised October 2018), the Vermont Judiciary’s mandatory subpoena form. The form is filed alongside the foreign subpoena, a cover letter, and a list of all attorneys and unrepresented parties in the foreign case. Form 100-00501 is available at the Vermont Judiciary forms portal.
