Serving a Delaware subpoena in California requires more than just mailing it to a California resident or business. Under California law, you must first domesticate the subpoena through a Superior Court. This article explains how to do it the right way using the Uniform Interstate Depositions and Discovery Act (UIDDA).

Why Domestication Is Required

If you have a case pending in Delaware but need discovery from someone located in California, you cannot simply serve a Delaware subpoena in California. That subpoena holds no legal power across state lines unless it is properly domesticated—reissued through a California Superior Court.

Luckily, both Delaware and California have adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), which simplifies and standardizes the subpoena domestication process for civil cases.

Step-by-Step Guide to Domesticate a Delaware Subpoena in California

Here’s how to transform your Delaware subpoena into a valid, enforceable California subpoena:

1. Prepare the Required Documents

You’ll need to assemble the following:

• A file-stamped copy of the original Delaware subpoena
  
• A completed Application for Discovery Subpoena (SUBP-030)
  
• One of the appropriate California Judicial Council subpoena forms:
  
  • SUBP-035 – Deposition Subpoena for Personal Appearance
  • SUBP-040 – Deposition Subpoena for Production of Business Records
  • SUBP-045 – Deposition Subpoena for Personal Appearance and Production of Documents

Make sure the California subpoena is filled out but not signed. The court clerk will issue it once the application is accepted.

2. File in the Appropriate California County

File the documents in the Superior Court of the county where the person or entity is located in California.

Under UIDDA, no motion, hearing, or California attorney is required. However, filing procedures differ by county—some permit eFiling, while others require in-person or wet-signed submissions. Always check local court rules.

3. Pay the Filing Fee

The current filing fee for an Application for Discovery Subpoena (SUBP-030) in California is $45.00, pursuant to Government Code § 70626(b)(5). Additional fees may apply if certified copies or special processing is needed.

4. Serve the California-Issued Subpoena

After the subpoena is officially issued by the California court, it must be served in compliance with California law:

• Service must be completed by a registered process server or any adult (18+) who is not a party to the case.
• If subpoenaing records, ensure your service complies with Evidence Code §§ 1560–1561, including advance notice and custodian instructions.

Common Reasons to Domesticate a Delaware Subpoena in California

You may need to domesticate a Delaware subpoena in California when:

• A witness resides or works in California and needs to be deposed
• A California-based business has records or ESI relevant to a Delaware case
• You are pursuing civil discovery under Delaware’s Superior Court Civil Rules or Chancery Court procedures

Avoid These Common Pitfalls

• Do not serve a Delaware subpoena directly in California. It will not be enforceable.
• Use the correct California forms. Always include SUBP-030 along with the correct subpoena (SUBP-035, SUBP-040, or SUBP-045).
• Watch for local court requirements. Some counties require coversheets, stamped envelopes, or specific formatting.
• Plan your timeline carefully. Allow enough time for issuance and service before court or discovery deadlines.

We Can Help You Handle It

At Countrywide Process, we simplify the subpoena domestication process from start to finish:

• Review your Delaware subpoena
• Prepare and complete all required California forms
• File with the proper California Superior Court
• Serve the subpoena lawfully and promptly
• Provide court-stamped copies and a valid proof of service

Ready to Get Started?

Use our Platform to submit your Subpoena Domestication Order or call us at (888) 962-9696 to begin the process today.

FAQs

Q: Can I just serve my Delaware subpoena in California without filing it there?
No. California requires all out-of-state subpoenas to be domesticated under UIDDA.

Q: Do I need to retain a California attorney?
No. The UIDDA process allows for out-of-state parties to file without local counsel.

Q: How fast can a California subpoena be issued?
Usually within 1–3 business days, depending on the county’s processing speed.

Q: Can I subpoena electronic files or email records?
Yes. Just clearly describe the scope of electronically stored information (ESI) in your subpoena.

Q: Is this process available for criminal subpoenas?
No. UIDDA applies only to civil cases. Criminal subpoenas require a different process.

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