Securing an Out-of-State Subpoena in Montana

A foreign subpoena, also referred to as an out-of-state subpoena, is a legal process used to compel an individual’s appearance in court through a written order. Unlike standard subpoenas, foreign subpoenas are designed to discover individuals residing in a different location than the plaintiff.

Laws and regulations surrounding subpoenas and out-of-state subpoenas vary across the U.S. In Montana, the process involves submitting a foreign subpoena to the county clerk of the relevant Montana county for further discovery. Court clerks will subsequently issue a summons for Montana Process service in the name of the individual (the defendant) following the UIDDA-Montana guidelines.

Continue reading below to understand how to secure an out-of-state subpoena in Montana and where to find reliable legal assistance.

How to Obtain an Out-of-State Subpoena in Montana:

One of the key considerations when securing a subpoena in Montana is that individuals under the age of 18 or those involved in the court case cannot serve as process servers in Montana.

In Montana, it is the court that issues the subpoena. A court-appointed clerk will issue the subpoena to the party demanding it for signing. The clerk then proceeds with serving the court document. When dealing with a foreign subpoena, the court and court clerks adhere to the UIDDA to convey the process effectively and justly.

Apart from a clerk, a lawyer can also issue and sign a subpoena on behalf of the court where the legal matter takes place. The document must include:

• The name of the court (or legal representative on behalf of a court) issuing the subpoena.
• The title of the legal action within the court.
• The names of the individual(s) summoned to appear before the court.

What Montana Courts Demand in a Foreign Subpoena:

In serving an out-of-state subpoena, Montana’s legal system is both flexible and robust. The preferred method of delivery for Montana courts, i.e., for Montana Process service, is to deliver a copy of the subpoena to the person whose discovery is sought.

If the summoned person is required to be physically present in court, they are entitled to one day’s pay and a specified number of miles accredited to the person of interest in the subpoena. Before the trial begins, all designated parties must be properly informed if they are obligated to provide any documentation.

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