How to Domesticate a Hawaii Subpoena in California
If your civil case is pending in Hawaii and you need to obtain discovery from a person or business in California, you must first domesticate your Hawaii subpoena through the California Superior Court. Here’s how to do it correctly under UIDDA.
Why Domestication Is Required
A subpoena issued in Hawaii has no legal authority in California unless it is first domesticated through California’s courts. This process ensures the subpoena complies with local jurisdictional and procedural rules.
The good news? Both Hawaii and California have adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), which provides a simple administrative process for domesticating out-of-state subpoenas in civil cases.
Step-by-Step Guide to Domesticate a Hawaii Subpoena in California
1. Prepare the Required Documents
You’ll need the following:
- A file-stamped copy of your Hawaii subpoena
- A completed California Application for Discovery Subpoena (SUBP-030)
- The appropriate California subpoena form, depending on your request:
- SUBP-035 – Deposition Subpoena for Personal Appearance
- SUBP-040 – Deposition Subpoena for Production of Business Records
- SUBP-045 – Deposition Subpoena for Personal Appearance and Production of Documents
Ensure your California subpoena form is filled out but not signed. The court clerk will issue it upon review.
2. File With the Correct California Superior Court
File the documents in the Superior Court in the California County where the person or business is located.
- No California attorney is needed
- No court hearing is required under UIDDA
- Filing procedures (eFiling or in-person) vary by county
Check with the local court to confirm any additional forms or requirements.
3. Pay the Filing Fee
California charges a $45.00 filing fee for an Application for Discovery Subpoena (SUBP-030), per Government Code § 70626(b)(5). Additional fees may apply for certified copies if needed.
4. Serve the California-Issued Subpoena
Once the California court reissues the subpoena, it must be served in accordance with California law:
- Service must be done by a registered process server or non-party adult (18+)
- If seeking business records, follow California Evidence Code §§ 1560–1561 to ensure proper notice and compliance
Why UIDDA Makes This Process Easier
Because both states follow UIDDA, the process is:
- Fast (typically 1–3 business days)
- Administrative (no hearings or local attorney required)
- Uniform across many U.S. states
- Cost-effective
Common Scenarios That Require Domestication
- Depositions of California witnesses for a Hawaii lawsuit
- Subpoenas for medical records, employment files, or financial documents
- Discovery from California-based corporations involved in Hawaii litigation
- Electronic data subpoenas (e.g., cloud services or email hosts)
Mistakes to Avoid
- Attempting to serve a Hawaii subpoena directly in California
- Filing the wrong California form or forgetting the SUBP-030
- Submitting to the wrong county court
- Ignoring California’s rules for service and notice, especially for records subpoenas
Let Us Handle It for You
At Countrywide Process, we’ve helped hundreds of firms domesticate and serve out-of-state subpoenas across California.
- Prepare and review your Hawaii subpoena
- Complete California UIDDA-compliant forms
- File with the correct California Superior Court
- Handle legal service of process
- Return stamped copies and proof of service
Ready to Get Started?
Use our Subpoena Domestication Platform or call us at (888) 962-9696 to begin today.
FAQs
Q: Can I just serve my Hawaii subpoena in California?
No. It must be domesticated under UIDDA by a California court first.
Q: Do I need a California attorney to file?
No. UIDDA allows out-of-state parties to file without counsel.
Q: How long does it take to domesticate a subpoena?
Usually 1–3 business days depending on court workload.
Q: What if I need documents in a specific format?
Include the desired format and scope of ESI or documents in the subpoena language.
