Montana UIDDA Compliance Guide

Montana recognizes the Uniform Interstate Depositions and Discovery Act (UIDDA), streamlining the procedure for litigants seeking discovery in Montana for cases pending outside the state. The process is codified in MCA § 27-5-215(1), with execution governed by Rule 45 of the Montana Rules of Civil Procedure.

Why Domestication Is Required in Montana

An out-of-state subpoena has no force in Montana until it is domesticated. UIDDA compliance ensures that the subpoena is enforceable under Montana law, granting jurisdiction to compel testimony, documents, or other evidence while safeguarding the rights of Montana residents.

Governing Rules: MCA § 27-5-215(1) and Rule 45

• MCA § 27-5-215(1): Provides that when a subpoena is needed in Montana for an out-of-state proceeding, a party may submit the foreign subpoena to the district court clerk in the county where discovery is sought. The clerk then issues a Montana subpoena that incorporates the terms of the foreign subpoena.
• Rule 45, M.R.Civ.P.: Governs the form, content, service, and enforcement of subpoenas within Montana. It requires that subpoenas clearly state the time, place, and scope of testimony or production and include protections for persons subject to subpoenas.

Together, these rules ensure that foreign subpoenas, once filed, are transformed into fully enforceable Montana subpoenas.

Step-by-Step Procedure

Required Documents

• A foreign subpoena issued by the originating jurisdiction.
• Cover sheet or any clerk-required forms (varies by county).
• Names and contact details of all counsel and unrepresented parties as listed on the foreign subpoena.

Filing with the Clerk

1. File the foreign subpoena with the district court clerk in the county where the witness or documents are located.
2. The clerk promptly issues a Montana subpoena that mirrors the foreign subpoena’s commands.
3. Filing does not constitute an appearance in the Montana court.

Fees

• Montana law allows clerks to collect a filing/issuance fee, which varies by county. Fees typically align with civil filing and subpoena issuance costs.
• Countrywide Process advances these fees on your behalf.

Service of the Montana Subpoena

The subpoena must be served in accordance with Rule 45, M.R.Civ.P. Service requires delivery to the named individual along with any applicable witness and mileage fees.

Countrywide Process ensures:

• The correct Montana subpoena is provided and filed.
• All fees are advanced and accounted for.
• Service is performed through time-tested, vetted Montana process servers.
• A copy of the issued subpoena and proof of service are returned.
• Attorneys receive online status updates throughout the process.

Enforcement and Objections

If compliance issues arise, such as motions to enforce, quash, or modify, these must be filed in the district court that issued the Montana subpoena. Rule 45 provides protections to subpoenaed parties, ensuring a balance between discovery rights and burdens.

Why Countrywide Process Makes It Faster & Reliable

• We provide the correct Montana subpoena form mirroring the foreign subpoena.
• We handle filing with the district court clerk and track issuance.
• We advance fees required for filing or issuance.
• We ensure service by vetted Montana process servers.
• Attorneys receive the issued subpoena, formal proof of service, and online tracking.

Ready to Begin?

Let Countrywide Process simplify your Montana subpoena domestication.

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