Why Domestication is Required in Idaho

Out-of-state subpoenas have no legal effect in Idaho unless domesticated under the Uniform Interstate Depositions and Discovery Act (UIDDA). Idaho has adopted UIDDA, allowing attorneys in other states to request discovery in Idaho without needing local counsel or a court appearance—unless the subpoena is challenged.

Overview of Idaho’s UIDDA Process and Rule 45 Requirements

Domestication in Idaho is governed by UIDDA and Idaho Rule of Civil Procedure 45. Here’s how it works:

1. Submit the Foreign Subpoena:
   File your out-of-state subpoena with the District Court Clerk in the Idaho county where discovery is sought.
2. Idaho Clerk Issues Local Subpoena:
   The clerk will promptly issue an Idaho subpoena that mirrors the content and terms of the foreign subpoena, per Rule 45(a).
3. No Court Appearance Required:
   Submitting a subpoena does not constitute an appearance in an Idaho court or require the services of local counsel.
4. Required Information:

• The original or a true copy of the foreign subpoena
• Names, addresses, and phone numbers for all parties and counsel
• Any Idaho court forms (Countrywide Process will provide the correct documents)

Understanding Idaho Rule of Civil Procedure 45

Rule 45 governs subpoena standards in Idaho:

• Issuance: Must be issued by the clerk upon receipt of the foreign subpoena and relevant information.
• Service: Subpoenas must be served as per Idaho civil procedure—Countrywide Process only works with vetted professional process servers.
• Objections: The recipient has 14 days from the date of service to object in writing.
• Enforcement or Motion to Quash: If challenged, motions must be filed in the same county where discovery is sought.

Filing Fee Details for Idaho Subpoena Issuance

The specific fee for subpoena issuance is not always listed as a standalone charge. It may be included as part of other court filing fees or general application fees. Because fees can vary by county, it’s strongly recommended to contact Countrywide Process to confirm the exact cost before submission.

Step-by-Step Guide to Domesticate a Subpoena in Idaho

1. Prepare the Foreign Subpoena
   Ensure it is properly signed and includes all details regarding the case and documents/testimony requested.
2. Countrywide Process will submit to the Idaho Court Clerk
   File your materials with the court where the person or entity being subpoenaed is located.
3. Clerk Issues the Idaho Subpoena
   A new Idaho subpoena is generated by the clerk, reflecting the original foreign subpoena’s terms.
4. Serve the Idaho Subpoena
   Use an Idaho-authorized process server for valid service. Countrywide Process can handle service throughout the state.
5. Handle Any Objections or Motions
   If an objection is raised within 14 days, Countrywide Process will help you file a motion to quash or enforce in the appropriate court.

Types of Subpoenas You Can Domesticate in Idaho

• Deposition subpoenas (oral or written)
• Subpoenas duces tecum (documents only)
• Business records subpoenas

Why Choose Countrywide Process?

• We supply the correct Idaho subpoena form and instructions
• We coordinate with the appropriate court for filing
• We serve documents through licensed Idaho professionals
• We track status and return completed Proofs of Service

Need to Domesticate a Subpoena in Idaho?

Let our team handle court compliance and service across the entire state.