How to Domesticate an Out of State Subpoena in Delaware under UIDDA
Do you need to Domesticate and Serve an Out of State Subpoena in Delaware pursuant to Title 10 § 4311 Delaware Uniform Interstate Deposition and Discovery Act (UIDDA)?
Delaware Foreign Subpoena Domestication and Service of Process
To domesticate a subpoena in a case being litigated in any U.S. state other than Delaware (referred to as a “foreign” state) the request for subpoena together with the required documents and filing fee must be filed in the Prothonotary Office in the county where the discovery is sought to be conducted in Delaware.
Documents to be filed with the Delaware Prothonotary Office in order to domesticate a foreign subpoena include:
(1) Cover letter indicating where the signed and sealed subpoena should be sent or a contact name and number for the process server who will pickup the subpoena once it has been issued by the Prothonotary.
(2) Original and one copy of the foreign subpoena. The original will be retained by the Prothonotary and the copy will be returned.
(3) Delaware subpoena as defined in Title10 §4311 (b)(5), properly completed which incorporates the terms used in the foreign subpoena, as well as a list of all counsel of record together with complete contact information.
(4) Filing fee check in the amount of $75 made payable to the Prothonotary Office.
Do you need to domesticate an out of state subpoena (aka "foreign subpoena") and have it served in Delaware pursuant to Title 10 § 4311?
Our experienced staff can assist to prepare and file the required documents with the Prothonotary Office and advance the necessary filing fee in order to have the Delaware subpoena issued properly. Once issued, we can proceed to have it served right away and can also advance any required witness fees at the time of service.
Please call or email to have a subpoena domesticated and served in Delaware professionally and without delay.
What is a Subpoena?
A subpoena is a document that orders a named individual to personally appear at a trial or hearing to:
1) give testimony (known as a Subpoena Ad Testificandum) or
2) to produce documents or objects to be used at a trial or hearing as evidence (known as a Subpoena Duces Tecum).
Subpoena Ad Testificandum – Use this subpoena when an individual's testimony at a trial or hearing is needed.
Subpoena Duces Tecum – Use this subpoena when an individual's appearance and production of documents or other objects are needed at a trial or hearing.
Due to the rapidly changing nature of the law, there may be times when the material on this page is not current. We have made every effort to provide complete and accurate information of the general rules governing domestication and service of process of subpoenas in Delaware. However, we cannot guarantee the current accuracy of the above listed content, it is provided for general information purposes only and is not intended as legal advice. We assume no liability whatsoever and will not be held responsible directly or indirectly for any damages resulting from any errors, omissions, inaccuracies or your reliance on this partial information.