How to Domesticate and Serve an Out of State Subpoena Nationwide
Domesticating and Serving Subpoenas Nationwide
Do you need to domesticate an out of state subpoena (aka "foreign subpoena") and have it served?
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 right away. Call or email to have a subpoena domesticated and served today!
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. These states include:
Alabama, Alaska, Arizona, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin.
Step One: Issuing the Subpoena
Under the UIDDA, the party submits the foreign subpoena to a 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 Don’t Recognize the UIDDA
States that have not yet adopted and do not recognize the Uniform Interstate Deposition and Discovery Act include: Connecticut, Florida, Massachusetts, Maine, Missouri, Nebraska, New Hampshire, Ohio, Oklahoma, Puerto Rico, Rhode Island, Texas, West Virginia, and Wyoming.
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 these states, it is 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.
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 a complete and accurate list of rules governing the service of process in New Jersey. However, that 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 list of rules.