How to Domesticate an Out-of-State Subpoena in Indiana | UIDDA Compliance Guide

The Uniform Interstate Depositions and Discovery Act (UIDDA), adopted in Indiana under Indiana Code § 34‑44.5‑1‑6, allows out-of-state litigants to request discovery or compel testimony from individuals located in Indiana without initiating a full civil action.

Countrywide Process helps facilitate compliance with UIDDA procedures by providing the correct Indiana subpoena forms, ensuring attorneys and pro se litigants nationwide can serve subpoenas legally and efficiently in the State of Indiana.

Two Ways to Domesticate an Out-of-State Subpoena in Indiana

Indiana provides two procedural options for issuing a subpoena based on an out-of-state case, depending on whether judicial enforcement is required:

(Preferred) Method 1: Domesticate Under IC 34-44.5 (Indiana UIDDA)

Pros:

• No filing fee
• No judge’s approval required
• Out-of-state attorneys may file
• Fast turnaround

Cons:

• A subpoena is not enforceable by a judge if ignored
• Cannot obtain sanctions for noncompliance without further legal action

What You Need:

• A subpoena issued by the foreign court
• An Indiana subpoena that mirrors the foreign subpoena and includes:
  • Names, addresses, and phone numbers of all attorneys of record
  • Contact details of any unrepresented parties
• Optional: If a foreign subpoena is not available, a court Order, Commission, or Letters Rogatory may be used

Process:

1. Submit the documents to the Clerk of the Indiana Court where discovery is sought.
2. The clerk assigns a civil case number for record-keeping only.
3. Clerk file-stamps and returns the subpoena.
4. The subpoena is served by a Countrywide Process Indiana Process Server.

(Non Preferred) Method 2: Domesticate Under Indiana Trial Rule 28(E)

Pros:

• The judge may enforce the subpoena and sanction noncompliant witnesses
• Can be used for more complex enforcement needs

Cons:

• Requires an Indiana-licensed attorney
• Filing fees apply: $157.00 base + $10.00 per additional subpoenaed person

What You Need:

• Order to Issue Subpoena
• Motion to Assist Out-of-State Litigants
• Notice of Deposition
• Indiana Civil Subpoena
• Attorney Appearance

Process:

1. File all required pleadings through the Indiana Court’s eFile system or in-person with the Clerk.
2. The clerk assigns a civil case number.
3. Pay all fees at the time of filing.

Once the judge signs the Order, the clerk returns signed pleadings for service.

Where to File

File in the Indiana county where the discovery will take place. County clerks may have local practices, so it’s important to confirm the exact requirements with the court where the subpoena will be issued.

For current filing guidance, check:
👉 Indiana County Court Directory (illinoiscourts.gov)

Do You Need a Commission or Letters Rogatory?

Under UIDDA (IC 34-44.5), these are not required if you provide a valid foreign subpoena. However, if you’re missing a subpoena, a court Order, Letters Rogatory, or Commission can sometimes substitute—though this may affect enforceability.

Ready to Domesticate a Subpoena in Indiana?

Countrywide Process provides the correct subpoena forms and professional service in Indiana.
We do not prepare documents, but we ensure your foreign subpoenas are properly served across the state.

📞 Call Us: 888.962.9696
 🔗 Place Your Order Online