How to Domesticate an Out-of-State Subpoena in Indiana (Attorney Guide)

Indiana recognizes two distinct procedures for domesticating an out-of-state subpoena:

1. Indiana UIDDA (IC 34-44.5-1-1 et seq.) – a streamlined, clerk-issued process.
2. Indiana Trial Rule 28(E) – a judge-supervised process ideal when enforcement or objections are anticipated.

Understanding the differences is essential for attorneys seeking compliant, enforceable discovery from Indiana residents, businesses, hospitals, ISPs, or custodians of records.

Indiana UIDDA: Streamlined Subpoena Domestication

Indiana’s adoption of the Uniform Interstate Depositions and Discovery Act (UIDDA) allows out-of-state litigants to obtain Indiana discovery without initiating a new lawsuit. UIDDA is intended to be a ministerial filing, meaning the clerk issues the subpoena without judicial involvement.

Key UIDDA Features

• No appearance required in Indiana merely to obtain issuance.
• Applies to depositions, document production, ESI requests, and premises inspections.
• Governed by Indiana law for service, timing, objections, and compliance.
• Motions to enforce, modify, or quash are heard by the Indiana trial court where discovery takes place.

Required Documents

To proceed under UIDDA, attorneys submit:

• A valid foreign subpoena issued in the originating state.
• A proposed Indiana subpoena (mirroring the foreign subpoena’s terms).
• Contact information for all counsel and unrepresented parties.

UIDDA Filing Practices Vary by County

UIDDA is clerk-issued, but filing fees are not uniform across Indiana:

• Some clerks treat UIDDA filings as ministerial → no fee or a small administrative fee.
• Others require opening a miscellaneous or civil case, triggering a filing fee of approximately:
  • $157 base filing fee, plus
  • $10 per additional respondent.

Attorneys should always verify procedures with the relevant county clerk.

Service & Enforcement

After issuance, the Indiana subpoena must be served under Indiana Trial Rule 45.
If disputes arise, motions to quash, modify, or compel are brought under IC 34-44.5-1-9 in the local Indiana court.

UIDDA subpoenas are enforceable—the statute simply separates issuance (clerical) from enforcement (judicial).

Indiana Trial Rule 28(E): Formal Judicial Assistance

Trial Rule 28(E) provides a more traditional discovery-assistance procedure and is ideal when:

• You expect motion practice,
• You require judicial oversight from the outset, or
• The clerk requires a more formal procedure.

Key Advantages

• A civil case is opened, giving attorneys immediate access to the court for:
  • Motions to compel,
  • Motions to quash,
  • Protective orders, and
  • Sanctions for non-compliance.

Requirements

• Filing generally must be made by an Indiana-licensed attorney.
• Filing fees typically match standard civil filings:
  • $157 base fee
    
  • +$10 for each added respondent 
• Expect to file:
  • Motion for assistance
  • Copy of the foreign commission/order (if required by the judge)
  • Proposed Indiana subpoena(s)
  • Notice of deposition or records request
  • Appearance of Indiana counsel

Trial Rule 28(E) is the preferred path for complex, contested, or sensitive discovery matters.

Where to File Your Indiana Subpoena

Both UIDDA and Rule 28(E) filings go to the trial court in the county where the discovery will occur, usually where the:

• Witness resides,
• Records are maintained, or
• The business entity is located.

Because local clerk interpretations vary, attorneys should always confirm:

• Whether the clerk treats UIDDA as ministerial,
• Whether a miscellaneous case must be opened, and
• What fees are due?

Are Commissions or Letters Rogatory Required?

Under UIDDA: Usually no.
A properly issued foreign subpoena is sufficient for domestication.

Under Rule 28(E): Commonly, yes.
Courts often expect a commission or order from the foreign jurisdiction when seeking formal judicial assistance.

How Countrywide Process Enables Efficiency & Compliance in Indiana

As a nationwide litigation support partner, Countrywide Process manages the complexities of Indiana UIDDA and Trial Rule 28(E) so law firms can focus on litigation strategy—not procedural logistics.

Our Indiana UIDDA Support Includes:

• Identifying the correct county court and clerk based on the deponent’s location.
• Providing the proper Indiana subpoena templates.
• Coordinating UIDDA filings and confirming whether the clerk requires:
  • Ministerial issuance, or
  • A miscellaneous/civil filing with fees.
• Advancing all applicable filing fees on your behalf.
• Providing real-time updates, digital confirmations, and status tracking.
• Facilitating compliant Indiana service of process through vetted professionals.

Why Attorneys Choose Countrywide Process

• Decades of nationwide subpoena domestication experience
• Uniform, predictable workflows
• Strict compliance with Indiana Trial Rule 45, UIDDA, and local clerk requirements
• Transparent communication and full visibility from filing to completion