How to Domesticate and Serve a Foreign Subpoena on a Delaware Corporation

If your case is pending outside of Delaware and you need to subpoena a Delaware-registered company for records or testimony, you must domesticate your subpoena through Delaware’s Superior Court under Title 10 § 4311. Here’s a step-by-step guide to make the process efficient and compliant.

Why Domestication Is Required

Delaware is home to thousands of corporations registered under its business-friendly laws. If you are involved in a civil case in another state and need records, testimony, or a deposition from a Delaware-registered entity, your subpoena must be issued by a Delaware court to be enforceable.

This process is governed by Delaware’s Uniform Interstate Depositions and Discovery Act (UIDDA), codified in Title 10, § 4311 of the Delaware Code.

The statute allows a party from a foreign jurisdiction (i.e., any U.S. state outside of Delaware) to submit their subpoena for domestication by filing with the Prothonotary of the Superior Court in the Delaware county where discovery will occur.

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

Here’s how to serve a foreign subpoena on a Delaware corporation through proper domestication:

1. Prepare the Required Documents

You’ll need to submit the following to the Prothonotary’s Office in Delaware:

• A cover letter indicating where the signed and sealed subpoena should be returned (include a contact name, phone number, and email)
  
• A file-stamped copy of the original foreign subpoena issued by the court in your state
  
• A completed Delaware subpoena form, which must:
  
  • Incorporate the exact terms of the foreign subpoena
    
  • Include the names, addresses, and phone numbers of all attorneys involved and any unrepresented parties
    

Delaware Subpoena Form (Out-of-State):
Download PDF

Instructions for Out-of-State Subpoena Filing:
Download Instructions

Statutory Authority – Title 10 § 4311:
View the Law

2. How to File a Subpoena in the Proper Delaware County

The request must be filed with the Prothonotary’s Office of the Superior Court in the county where discovery will take place.

To determine which Superior Court to file in, use the zip code of the Delaware corporation’s address:

• NEW CASTLE COUNTY – Includes all ZIP codes from 19701 to 19899 (e.g., Wilmington, Newark, New Castle, Middletown, Bear)
  File at: Superior Court of New Castle County – Wilmington
  
• KENT COUNTY – Includes ZIP codes such as 19901–19906, 19934, 19936, 19938, 19943, 19946, 19952–19955, 19961–19964, 19977, 19979, 19980 (e.g., Dover, Smyrna, Camden, Harrington)
  File at: Superior Court of Kent County – Dover
  
• SUSSEX COUNTY – Includes ZIP codes such as 19930–19933, 19939–19947, 19950–19951, 19953, 19956–19975 (e.g., Georgetown, Seaford, Rehoboth Beach, Lewes, Millsboro)
  File at: Superior Court of Sussex County – Georgetown
  

3. Pay the Required Filing Fee

The filing fee for a foreign subpoena domestication in Delaware is $75.00, payable to the Prothonotary Office. We will advance any and all court fees necessary on your behalf..

4. Receive and Serve the Delaware-Issued Subpoena

Upon Issuance the Prothonotary will return a signed and sealed Delaware subpoena to us. We will then serve the subpoena under Delaware Superior Court Civil Rule 45.

The subpoena may command:

• Appearance for deposition or trial
  
• Production of business records or ESI
  
• Testimony from an entity representative under Rule 30(b)(6)
  

You must serve the subpoena per Delaware service of process rules.

Common Reasons to Domesticate a Subpoena in Delaware

• You are seeking business records or corporate documents from a Delaware-registered agent
  
• You need to depose a Delaware company representative under Rule 30(b)(6)
  
• Your out-of-state case involves intellectual property, financial records, corporate governance, or contractual matters tied to Delaware-incorporated businesses
  

Avoid These Common Pitfalls

• Do not attempt to serve your home-state subpoena directly in Delaware. It will not be valid without being reissued by the Delaware Superior Court.
  
• Ensure your Delaware subpoena mirrors the original. All terms from your original subpoena must be incorporated exactly.
  
• Include full contact information for all parties and attorneys. Missing information can delay the process.
  

We Can Help You Handle It

At Countrywide Process, we assist with subpoena domestication nationwide—including serving foreign subpoenas on Delaware-registered corporations.

• Provide the required Delaware subpoena and procedure
• File with the appropriate Prothonotary’s Office
• Handle lawful service on the target Delaware entity
• Provide court-stamped copies and 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 issue a Delaware subpoena without appearing in court?
Yes. Filing a foreign subpoena under §4311 does not constitute an appearance in Delaware courts.

Q: Does the subpoena need to be served in Delaware?
Yes. Once issued by the Delaware Superior Court, it must be served in accordance with Delaware law.

Q: Can I file electronically?
As of now, most foreign subpoena filings in Delaware require physical filing by mail or in person.

Q: Is a Delaware attorney required for this process?
No. Under UIDDA, you do not need to be represented by a Delaware attorney to file a foreign subpoena.

Q: What happens if the subpoena is not obeyed?
Failure to comply with a lawfully served subpoena may result in contempt of court proceedings, under Delaware Rule 45.