How to Domesticate an Illinois Subpoena in California
If you’re trying to serve an Illinois subpoena on a witness or business in California, you’ll need to domesticate it properly. Here’s how to handle it under the Uniform Interstate Depositions and Discovery Act (UIDDA) without unnecessary delays.
Why Domestication is Necessary
A subpoena issued by a court in Illinois isn’t automatically enforceable in California. State courts only have jurisdiction within their own borders. To legally serve a subpoena on a California resident or business, the subpoena must first be domesticated—reissued by a California court.
Because both Illinois and California have adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), the process is streamlined and does not require a formal motion or court hearing.
Step-by-Step Process to Domesticate an Illinois Subpoena in California
1. Obtain the Required Documents
You’ll need:
- A file-stamped copy of the original Illinois subpoena.
- A completed California Application for Discovery Subpoena Pending Outside California (SUBP-030)
- One of the appropriate California subpoena forms that matches the discovery need:
Important: Countrywide Process, LLC does not prepare legal documents. We provide the correct forms and review them for accuracy once completed by the attorney of record.
2. File in the Correct California Superior Court
The documents must be filed with the Superior Court in the county where the person or entity to be served is located. California courts will reissue the subpoena without the need for a hearing.
Filing can usually be done in person or via eFiling, depending on the county. Some counties may also have local forms or cover sheets. Countrywide Process can help navigate this based on the court’s requirements.
3. Pay the Filing Fee
The current fee to file the SUBP-030 in California is $45.00, per Government Code § 70626(b)(5).
4. Serve the California-Issued Subpoena
Once issued, the California subpoena must be served according to California law. This means:
- Using a registered process server or someone over 18 not involved in the case.
- Following Evidence Code §§ 1560–1561 for business records subpoenas.
Why You Might Need to Domesticate an Illinois Subpoena
You may need to take this step if:
- A key witness or custodian of records is located in California.
- A company operating in California holds relevant documents.
- You’re conducting discovery in a civil case in Illinois and need cooperation from a California party.
Avoid Common Mistakes
- Sending the Illinois subpoena directly to a California witness—invalid.
- Using the wrong California subpoena form.
- Forgetting to file the SUBP-030 application.
- Overlooking local court filing rules or deadlines.
Countrywide Process Can Help
At Countrywide Process, LLC, we help ensure your subpoena is domesticated properly under UIDDA:
- We provide the correct California forms for attorneys.
- We review completed forms for accuracy.
- We file with the right Superior Court.
- We facilitate legal service through registered process servers.
- We return court-stamped documents and proof of service.
Ready to Start?
Use our Subpoena Domestication Order Platform or call us at (888) 962-9696 to get started today.
FAQs
Q: Is a California attorney required?
No. UIDDA does not require a California attorney to file or reissue the subpoena.
Q: Can I use this process for a deposition, document request, or both?
Yes. Just use the appropriate California form: SUBP-035, SUBP-040, or SUBP-045.
Q: How long does it take?
1–3 business days for most counties, depending on court processing times.
Q: What if the recipient does not comply?
You may need to pursue a motion to compel in California, depending on the situation.
