If your case is pending outside of Delaware and you need to subpoena a Delaware-registered company for records or testimony, you must domesticate your subpoena through Delaware’s Superior Court under Title 10 § 4311. Here’s a step-by-step guide to make the process efficient and compliant.
Delaware is home to thousands of corporations registered under its business-friendly laws. If you are involved in a civil case in another state and need records, testimony, or a deposition from a Delaware-registered entity, your subpoena must be issued by a Delaware court to be enforceable.
This process is governed by Delaware’s Uniform Interstate Depositions and Discovery Act (UIDDA), codified in Title 10, § 4311 of the Delaware Code.
The statute allows a party from a foreign jurisdiction (i.e., any U.S. state outside of Delaware) to submit their subpoena for domestication by filing with the Prothonotary of the Superior Court in the Delaware county where discovery will occur.
Here’s how to serve a foreign subpoena on a Delaware corporation through proper domestication:
You’ll need to submit the following to the Prothonotary’s Office in Delaware:
Delaware Subpoena Form (Out-of-State):
Download PDF
Instructions for Out-of-State Subpoena Filing:
Download Instructions
Statutory Authority – Title 10 § 4311:
View the Law
The request must be filed with the Prothonotary’s Office of the Superior Court in the county where discovery will take place.
To determine which Superior Court to file in, use the zip code of the Delaware corporation’s address:
The filing fee for a foreign subpoena domestication in Delaware is $75.00, payable to the Prothonotary Office. We will advance any and all court fees necessary on your behalf..
Upon Issuance the Prothonotary will return a signed and sealed Delaware subpoena to us. We will then serve the subpoena under Delaware Superior Court Civil Rule 45.
The subpoena may command:
You must serve the subpoena per Delaware service of process rules.
At Countrywide Process, we assist with subpoena domestication nationwide—including serving foreign subpoenas on Delaware-registered corporations.
Use our Platform to submit your Subpoena Domestication Order or call us at (888) 962-9696 to begin the process today.
Q: Can I issue a Delaware subpoena without appearing in court?
Yes. Filing a foreign subpoena under §4311 does not constitute an appearance in Delaware courts.
Q: Does the subpoena need to be served in Delaware?
Yes. Once issued by the Delaware Superior Court, it must be served in accordance with Delaware law.
Q: Can I file electronically?
As of now, most foreign subpoena filings in Delaware require physical filing by mail or in person.
Q: Is a Delaware attorney required for this process?
No. Under UIDDA, you do not need to be represented by a Delaware attorney to file a foreign subpoena.
Q: What happens if the subpoena is not obeyed?
Failure to comply with a lawfully served subpoena may result in contempt of court proceedings, under Delaware Rule 45.