Everything You Need to Know About Domesticating a Subpoena in California
Introduction to Subpoena Domestication in California
Those living outside of California and seeking to serve records subpoenas, or deposition subpoenas, to California residents, must follow California law. The Uniform Interstate Depositions and Discovery Act, adopted by over thirty US states, was created in 2007 as a model statute. In January 2010, California enacted the statute. The California version of the model act is found at Cal. Civ. Code §2029.100, et seq. called the Interstate and International Depositions and Discovery Act, California law deems out-of-state counsel who take part in litigation outside of California not to need to initiate any court process in California; therefore, the out-of-state attorney need only retain counsel in California and give him or her a copy of the out-of-state subpoena. U.S. civil procedure. After that, a California lawyer may subpoena an out-of-state recipient just by serving a California subpoena form, along with the out-of-state subpoena, on the California subpoena recipient.
How do I domesticate a subpoena?
There are two methods one can use to arrange for out-of-state subpoenas and depositions in California. The first method, which can be complicated, requires one to submit the foreign subpoena to the Clerk of Court in the county in which the discovery is sought, along with the appropriate judicial council form.
Filing fees and a list of the mandatory forms
- To issue and serve a subpoena, we need the following items for each
- $45.00 filing fee due to the Superior Court.
- Copy of the foreign subpoena issued by the other state.
- Completed Application for Discovery Subpoena to SUBP-030.
- As requested by California, I’ve fulfilled the required request for a subpoena.
- Consider the best option for your specific needs SUBP-035, SUBP-040, SUBP-050.
- To subpoena business records in California, a $15.00 witness fee must be paid during service.
- For all California Appearance Personal Subpoenas, the holder is entitled to witness fees.
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