Subpoena Domestication
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 called the Interstate and International Depositions and Discovery Act. According to CA law, any out-of-state counsel who takes part in litigation outside of California does not need to initiate any court process in California; therefore, the out-of-state attorney only needs to return counsel in California and give him/her a copy of the out-of-state subpoena. The CA version of the model act can be found at Cal. Civ. Code 2029.100, et seq. 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.
Do you need to domesticate an out-of-state subpoena (aka “foreign subpoena”) and have it served in another state?
The Uniform Interstate Depositions and Discovery Act (UIDDA) provides simple procedures for courts in one state to issue subpoenas for out-of-state depositions and records requests.
Our expert staff can help you domesticate an out-of-state subpoena and have it served professionally and without delay. Please call or email to have a subpoena domesticated and served Nationwide professionally and without delay.
Domesticating A Subpoena In States That Recognize The Uniform Interstate Deposition And Discovery Act (UIDDA)
According to the UIDDA, domesticating a subpoena under the UIDDA requires litigants to “present a clerk of the court located in the state where discoverable materials are sought with a subpoena issued by a court in the trial state. Once the clerk receives the foreign subpoena, the clerk will issue a subpoena for service upon the person or entity on which the original subpoena is directed.” The process will depend on whether both states recognize the UIDDA, which makes the process uniform for states that have adopted it.
The Uniform Interstate Deposition and Discovery Act has been adopted by over 30 states to make the process as straight forward as possible.
Step One: Issuing the Subpoena
Under the UIDDA, the foreign subpoena is submitted to the County Clerk in the state where the deposition or discovery is to take place. The clerk then issues the subpoena for service in line with their court’s process and regulations. In some states, a local attorney can also domesticate an out-of-state subpoena without the need to have it issued through court.
Step Two: Serving the Subpoena
The Rules of Civil Procedure for the state in which the subpoena is to be served will need to be followed. Any applicable witness fee will need to be served with the subpoena.
States that Have Not Yet Adopted the Act
If the discovery state has not adopted the Act, then obtaining testimony or records from that state’s residents will be more difficult. Some of those states require the court in the discovery state to issue mandates or letters rogatory to the court in the trial state before a subpoena may issue. As of today, only six states have yet to adopt the Act: Connecticut, Massachusetts, Missouri, New Hampshire, Texas, and Wyoming. In Texas, local procedures protect residents and may require Texas counsel to obtain discovery.
Domesticating In States That Don’t Recognize The UIDDA
For states that do not recognize the UIDDA, the process of domesticating a subpoena will be different. In general, a request will need to be made with the local court to have the subpoena issued by the court where the subpoena is to be served. This usually involves filling out an application, submitting a petition and sending any related documents to the court. In some cases, you will need to file a formal petition, and some states even require a practicing attorney to file the petition.
In some states such as Massachusetts and New Hampshire, it may be necessary to engage a local attorney to issue the subpoena. We have established relationships with attorneys in these states who can assist to domesticate foreign subpoenas.
It is also important to contact the local court to obtain the procedures to domesticate an out-of-state procedure as they may vary from court to court.
Once you have your documents all completely filled out, there are two options to having the subpoena filed & issued prior to service.
Either way, you will need to create an account by clicking here. New Account Registration
- 1) Have us File it for you. Simply send us your documents through email.
- 2) You may eFile the document(s) yourself once completed if the case is to be eFiled in one of the many California Courts.
After documents have been filed with the respective court we will dispatch the service of your subpoena.
Please fill out the required forms below that are needed for your case and click here to place an order today!
Forms
| Form Name | Download Link |
|---|---|
| Application For Discovery Subpoena in Action Pending Outside California ( The Court Charges a Filing Fee of $45.00 ) | Download SUBP-030 Form Now |
| Subpoena For Production of Business Records in Action Pending Outside California | Download SUBP-035 Form Now |
| Deposition Subpoena For Personal Appearance in Action Pending Outside California | Download SUBP-040 Form Now |
| Deposition Subpoena For Personal Appearance & Production of Documents & Things in Action Pending Outside California | Download SUBP-045 Form Now |
| Attachment Form MC-25 ( Used to provide additional information that does not fit on the Subpoena of choice ) | Download Form MC-25 Form Now |
Frequently Asked Questions
Subpoena domestication is the legal process of transferring and enforcing a subpoena issued in one state to another state, ensuring compliance with legal requirements across jurisdictions. It allows for the enforcement of out-of-state subpoenas in a different state's court system.