How to Domesticate an Out-of-State Subpoena in Pennsylvania (UIDDA Attorney Guide)

To domesticate an out-of-state subpoena in Pennsylvania, attorneys submit the foreign subpoena to the clerk of court in the county where discovery is sought for re-issuance under UIDDA. Clerk issuance fees vary widely by county—often ranging from approximately $25 to over $300—and local Pennsylvania counsel is not required for routine issuance.

How to Domesticate an Out-of-State Subpoena in Pennsylvania (UIDDA Attorney Guide)
AUTHOR:

Countrywide Process

DATE:

December 19, 2025

When litigation is pending outside Pennsylvania but discovery is required from a witness, business, or records custodian located within the Commonwealth, the foreign subpoena must first be domesticated before it can be lawfully served. Pennsylvania has adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), which authorizes a foreign subpoena to be reissued by a Pennsylvania clerk of court for service and compliance within Pennsylvania.

UIDDA domestication in Pennsylvania is a clerk-driven administrative process. In routine matters, no Pennsylvania attorney is required to issue the subpoena, no Pennsylvania case is opened solely for issuance, and no judge reviews the subpoena at the issuance stage. Attorneys submit the foreign subpoena to the appropriate county clerk, pay the applicable issuance fee, and receive a Pennsylvania subpoena enforceable under Pennsylvania law.

Quick Answer — Pennsylvania UIDDA Subpoena Domestication

  • Is UIDDA adopted in Pennsylvania? Yes
  • Who issues the subpoena? Pennsylvania Clerk of Court
  • Is local counsel required for issuance? No (routine issuance only)
  • Typical issuance fees: Vary by county (approx. $25–$300+)
  • Where is it filed? The county where the witness or records are located
  • Service governed by: Pennsylvania Rules of Civil Procedure

Why Domestication Is Required in Pennsylvania

A subpoena issued by another state has no legal authority over a person or entity located in Pennsylvania. Domestication is required to:

  • Bring the subpoena under Pennsylvania jurisdiction
  • Ensure compliance with the Pennsylvania Rules of Civil Procedure
  • Allow Pennsylvania courts to address objections or enforcement if necessary

Without proper domestication, service within Pennsylvania is invalid and unenforceable.

Pennsylvania’s UIDDA Framework

Under Pennsylvania’s UIDDA procedures:

  • A foreign subpoena is submitted to the clerk of court in the appropriate county
  • The clerk issues a Pennsylvania subpoena reflecting the same discovery commands
  • No motion, hearing, or judicial approval is required for issuance in routine matters
  • Service and compliance are governed by Pennsylvania law, not the originating state

This framework streamlines interstate discovery while preserving Pennsylvania’s authority over discovery conducted within its borders.

Governing Pennsylvania Rules of Civil Procedure

Pa.R.C.P. 234.1–234.5 (Subpoenas)

These rules govern:

  • Subpoena form and content
  • Service requirements
  • Objections, motions to quash, and enforcement
  • Compliance obligations

Pa.R.C.P. 430 (Service of Process)

Rule 430 governs authorized service methods within Pennsylvania and confirms that Pennsylvania service rules control service inside the Commonwealth.

Step-by-Step — How to Domesticate an Out-of-State Subpoena in Pennsylvania

Step 1: Obtain the Foreign Subpoena

Secure a valid subpoena issued by the originating court, including:

  • Case caption and docket number
  • Discovery requested (testimony, documents, or both)
  • Counsel and party contact information 

Step 2: Submit the Foreign Subpoena to the County Clerk

Submit the foreign subpoena to the clerk of court in the Pennsylvania county where the witness or records are located.

Key points:

  • No Pennsylvania civil case is opened for routine issuance
  • No judge review is required
  • No local counsel is required to issue the subpoena
  • A county-specific clerk issuance fee applies 

Step 3: Clerk Issues the Pennsylvania Subpoena

The clerk issues a Pennsylvania subpoena that:

  • Incorporates the same discovery terms
  • Bears Pennsylvania court authority
  • Is enforceable under Pennsylvania law 

The Pennsylvania subpoena replaces the foreign subpoena for service purposes.

Step 4: Serve the Pennsylvania Subpoena

Service must:

  • Comply with the Pennsylvania Rules of Civil Procedure
  • Be completed within Pennsylvania
  • Include proper proof of service 

Step 5: Limited Note on Objections or Enforcement

If disputes arise, motions are filed in the issuing Pennsylvania court and governed by Pennsylvania law. Local counsel is typically required only if litigation arises.

Pennsylvania Clerk Issuance Fees (Ranges + County Examples)

Pennsylvania does not impose a single statewide UIDDA issuance fee. Fees vary by county based on whether the clerk:

  • Charges a flat issuance fee, or 
  • Requires opening a miscellaneous or civil action, triggering higher costs and mandatory state surcharges (including the Judicial Computer System fee) 

Illustrative 2025 County Fee Examples (Subject to Change)

  • Lower-cost counties: 
    • Lycoming County: ~$25.75
    • Clarion County: ~$25.75 
  • Mid-range counties: 
    • Delaware County: ~$35.25
    • Montgomery County: ~$62.50
    • Franklin County: ~$115.00 
  • Higher-cost counties: 
    • Centre County: ~$178.50
    • Philadelphia County: ~$300+ (requires opening a civil or miscellaneous case) 

Practice Tip: Always confirm current issuance fees with the county clerk before submission, as fee schedules and procedures vary and change regularly.

Pennsylvania UIDDA Comparison Table

Topic Pennsylvania UIDDA Rule
Governing Law Uniform Interstate Depositions and Discovery Act
Issuing Authority Pennsylvania Clerk of Court
Judicial Review for Issuance Not required
Pennsylvania Case Opened No (routine UIDDA issuance)
Local Counsel Required No (unless litigation arises)
Issuance Fees Vary by county (approx. $25–$300+)
Venue County where witness or records are located
Service Rules Pennsylvania Rules of Civil Procedure

Types of Subpoenas That May Be Domesticated in Pennsylvania

UIDDA permits the domestication of subpoenas for:

  • Depositions
  • Document production (subpoena duces tecum)
  • Business records
  • Inspections of premises
  • Combined testimony and document subpoenas 

UIDDA applies only to discovery subpoenas, not trial subpoenas.

While the Uniform Interstate Depositions and Discovery Act (UIDDA) is primarily designed for discovery (depositions and document production), its procedural framework is often the only viable way to domesticate any foreign civil subpoena in Pennsylvania. 

Key Distinctions in Pennsylvania Law:

  • Primary Scope: The UIDDA (42 Pa. C.S. §§ 5331-5337) specifically governs subpoenas for depositions, production of documents, and inspection of premises. It was enacted to streamline third-party discovery across state lines.
  • Trial Attendance Limits: A Pennsylvania court generally cannot compel an out-of-state witness to physically attend a trial in person unless they are a party to the case or special circumstances apply.
  • The “Workaround” for Trial: Because of these jurisdictional limits, legal experts note that the UIDDA process is frequently used to secure “trial testimony” by conducting a video deposition in the witness’s home state. This recorded testimony is then presented at trial instead of live attendance.
  • Subpoena Types: Under the Pennsylvania UIDDA, a “subpoena” is defined as a document requiring a person to attend and give testimony at a deposition, produce documents, or permit inspection of premises. It does not explicitly list trial attendance as a standard command. 

Practical Summary

Subpoena Type  Is UIDDA Used? Enforceability
Discovery (Deposition/Docs) Yes Fully enforceable through the local Prothonotary.
Trial (Physical Attendance) No/Rarely Courts generally lack the authority to force an out-of-state non-party to travel to PA for trial.
Trial (Remote/Video) Yes UIDDA is used to depose the witness in their own state for use at trial.

 

If you need a witness to testify at a Pennsylvania trial from another state, the standard procedure is to use the UIDDA to subpoena them for a deposition for use at trial rather than attempting to force their physical presence in a Pennsylvania courtroom.

Why Attorneys Use Countrywide Process

Countrywide Process supports attorneys handling Pennsylvania UIDDA subpoenas by:

  • Providing Pennsylvania-compliant UIDDA subpoena forms
  • Coordinating clerk submission and issuance
  • Arranging proper service of process within Pennsylvania
  • Tracking deadlines and proof of service
  • Reducing rejection risk and procedural delays

Attorneys stay focused on litigation—not procedural mechanics.

Ready to Domesticate a Subpoena in Pennsylvania?

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Yes. Pennsylvania has adopted UIDDA, allowing foreign subpoenas to be re-issued by a Pennsylvania clerk of court for service within the Commonwealth.

No. Local Pennsylvania counsel is not required to issue a UIDDA subpoena in routine matters. Counsel is typically only needed if objections or enforcement proceedings arise.

The foreign subpoena is submitted to the clerk of the court in the Pennsylvania county where the witness or records are located.

Issuance fees vary by county and commonly range from approximately $25 to over $300, depending on clerk procedures and required state surcharges.

The Pennsylvania clerk of court issues the subpoena based on the submitted foreign subpoena. Judicial review is not required for issuance.

Service must comply with the Pennsylvania Rules of Civil Procedure.

Yes. Pennsylvania allows domestication of subpoenas for document production, business records, depositions, and combined discovery requests.