To domesticate a subpoena in Delaware, submit a foreign subpoena and a sworn statement with counsel’s contact details to the Prothonotary in the county of discovery. The court will promptly issue a Delaware subpoena. Service must follow Delaware’s Superior Court Rules, and a $75 filing fee applies.
Countrywide Process
July 21, 2025
If you’re pursuing discovery from a witness or business in Delaware but your case originates from another state, you must domesticate the subpoena in accordance with Delaware’s adoption of the Uniform Interstate Depositions and Discovery Act (UIDDA).
Delaware Code § 4311 makes clear that out-of-state subpoenas are unenforceable unless reissued locally.
Delaware’s UIDDA framework provides a streamlined mechanism for out-of-state litigants to obtain discovery in Delaware without filing a new civil action or hiring local counsel.
To proceed, ensure your documents comply with these basic requirements:
Deliver the documents to the appropriate county Prothonotary’s Office. No court appearance is required.
The Clerk will issue a Delaware subpoena that mirrors the foreign subpoena. This new subpoena is enforceable under Delaware law.
Countrywide Process ensures that your issued Delaware subpoena is served by a licensed Delaware process server via Countrywide Process in full compliance with local rules.
If the recipient contests the subpoena, any motions (to quash, modify, or enforce) must be filed in the Superior Court where the subpoena was issued.
Don’t waste time with confusing court rules or incomplete filings. Let our experts handle the entire process from filing to service.
Yes. Delaware has adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), allowing for simplified subpoena domestication across state lines.
You must file your foreign subpoena with the Prothonotary in the county where the discovery is to occur.
You’ll need the original or certified copy of the foreign subpoena, a mandatory sworn statement, and a Delaware subpoena form.
No. Under UIDDA, local counsel is not required unless a dispute arises that requires court intervention.
The filing fee is $75.00, payable to the Prothonotary upon submission.
A Delaware-licensed process server must serve the subpoena according to Superior Court Rules.
No court appearance is required unless the subpoena is contested or enforcement is necessary.
It must include the same terms as the foreign subpoena and the names, addresses, and phone numbers of all counsel of record and unrepresented parties.
Typically, the Prothonotary issues the Delaware subpoena within 1-3 business days.
Yes. Countrywide Process handles the full subpoena domestication and service process in Delaware and nationwide.
