Domesticating a foreign subpoena can be an arduous process. When you have two different jurisdictions involved, and various legislative acts, laws and procedures in play, and two different Rules of Civil Procedure, it’s imperative to work exclusively with a process server who has a solid knowledge base on the inner workings of subpoena domestication. Our team of professionals stand ready to help with your assignment.
When you need to get information, discovery or a deposition from another state, you are limited by the power of the trial court’s jurisdiction. In order to make the subpoena enforceable, you’ll need to domesticate it in the other state, which can prove to be a difficult task when you start interweaving two different jurisdictions. Every state has its own rules of Civil Procedure, including how service and foreign subpoena domestication must be handled.
Subpoenas can be critical part of a legal case, and despite how much can be involved in the process of domesticating a subpoena, it’s often an unavoidable task that must be completed. Whether for information, discovery or deposition, the choice of whether or not to serve outside of the trial court state, has become increasingly important as individuals move and travel more frequently than ever before.
With the complications of attempting to domesticate a foreign subpoena, the Uniform Interstate and International Depositions and Discovery Act (UIDDA) was created to simplify the process. For states that don’t recognize the Uniform Interstate and International Depositions and Discovery Act (UIDDA) or for subpoenas regarding information, attorneys must utilize traditional methods of subpoena domestication.
Here at Judiciary Process Servers, we have extensive experience domesticating subpoenas for cases both local and nationwide. We have compiled some insightful and helpful information on how subpoena domestication works, what acts and laws are involved, and how to begin the process to domesticate your foreign subpoena. The process for subpoena domestication will hinge on whether both states recognize the Uniform Interstate Deposition and Discovery Act, which makes the process uniform for states that have adopted it. Many states throughout the country recognize the act, including Maryland, Virginia and Washington, DC, but if the second state involved does not recognize the act, the process will be different and in turn requires a different set of procedures to complete the subpoena domestication. With our many years of experience, we stand ready to help you navigate this otherwise difficult process. Give us a call and let us help.
Domesticating subpoenas for states that recognize the Uniform Interstate Deposition and Discovery Act (UIDDA)
The Uniform Interstate Deposition and Discovery Act (UIIDA) has been adopted by over 30 states and Washington, D.C. to make the process as simple as possible. Under the UIDDA, there are three steps to the process: organizing and gathering required documents, issuing the domesticated subpoena, serving the subpoena, and taking the deposition or conducting discovery.
One of our certified subpoena domestication specialists will review your order. Due to the fact that each court has different fees based on the jurisdiction, we will email you an invoice for the court's filing fees.
Step Three: Issuing The Domesticated Subpoena
Under the Uniform Interstate Deposition and Discovery Act (UIDDA), the party submits the foreign subpoena to the clerk of court in the state where the deposition or discovery is to take place. The clerk then issues the domesticated subpoena for service in line with their court's process and regulations.
Step Four: Serving the Subpoena
The Rules of Civil Procedure for the state in which the subpoena is to be served will need to be followed accordingly. Upon completion of the subpoena domestication process, we can serve the subpoena through our nationwide service of process.
Step Five: Deposition or Discovery
After the domesticated subpoena is served on the recipient, you may move forward with the deposition, testimony, discovery, or production of records and documents in line with the state and federal laws.
RELEVANT MARYLAND CODES
Maryland Uniform Interstate Deposition and Discovery Act Section 9-402 – Issuance of Subpoena
(1) To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to a clerk of the circuit court for the county in which discovery is sought to be conducted in this State.
(2) A request for the issuance of a subpoena under this subtitle does not constitute an appearance in the courts of this State.
(b) Procedure on submission of foreign subpoena.- When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(c) Requirements for subpoena.- A subpoena under subsection (b) of this section shall:
(1) Incorporate the terms used in the foreign subpoena; and
(2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
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Obtaining a domesticated subpoena from states that don't recognize the Uniform Interstate Deposition and Discovery Act (UIDDA)
For states that have not yet adopted the act, the process of foreign subpoena domestication will be different. Generally speaking, the process will be initiated with an order, commission, stipulation, or letter issued by the trial court in the originating jurisdiction.
When attempting to have the subpoena domesticated, a request will need to be initiated to have the subpoena issued by the court where the subpoena is to be served. This usually means filling out an application, submitting a petition, or sending any related documents to the court. In many cases, you will need to file a formal petition, and some states even require a practicing attorney to file the petition. A filing fee may be assessed by the court domesticating the subpoena.
In the instances where one state does not recognize the Uniform Interstate Deposition and Discovery Act (UIDDA), it’s important to inquire with the courts in both the trial state and deposition/discovery state to understand who can serve the subpoena as well as applicable procedures.
Our specialty in domesticating foreign subpoenas
Here at Judiciary Process Servers, we work with many attorneys, law firms, corporations, and individuals who need court documents served both nationwide and locally, as well as those within our local area who need legal documents served in other states. We would be happy to assist you with all of your process serving and legal support needs. Give us a call today to get started!
Subpoena Domestication Fees
$275.00 Foreign Subpoena Domestication Fee (our firm's fee for handling the administrative process from start to finish)
$125.00 Court Filing Fee Deposit (minimum amount for the court's filing fee, in some cases we may need to invoice for an additional amount based on the court's fee)
$25.00 Postage Fees (fees associated with sending and receiving the complete subpoena domestication package to the court)