Typically, an Idaho subpoena must direct the recipients to attend testimony at a trial, hearing, or deposition at a certain time and location. However, any Idaho subpoena can only be issued in conjunction with an order for the production or examination and copying of documents (electronic and physical), as well as permission to examine and copy tangible goods or premises. 

A 'foreign subpoena' refers to a subpoena issued by a foreign court of record. The person must [A.] make available for examination and copying any specified written materials, electronic data, or physical objects in his or her custody or control; [B.] permit the scrutiny of the person's property. The court where the matter is pending must issue said subpoena. This is done wherein the Clerk of the Court issues a blank subpoena at the request of a party, signs it, and seals it with the court's seal before serving it. A subpoena may also be issued and signed by an Idaho attorney or an officer of the court.

Uniform Interstate Depositions and Discovery Act (UiDDA)-Idaho

A subpoena may be served by anybody over eighteen who is not a party to the case. Suppose the subpoena calls for the specified individual's presence. In that case, Idaho UIDDA Service must be conducted by mailing them a copy and, if desired, by paying the costs for one day's attendance and any travel permitted by law. Subpoenas issued by the Attorney General or any prosecuting attorney or on behalf of the State or any of its officials or agencies do not require payment of travel expenses.

It is required that payments for one day's attendance and permitted travel be provided if asked at the time the subpoena is issued. Subpoenas may be served on any party by serving them on their attorney of record for presence at a hearing or trial, with or without producing papers or other items, as applicable to that party. It is not essential for that party to make a prepayment tender of costs and mileage, but the court may decide the fair amount of such fees and mileage to be paid, if any, to that party at any time following service on that party's attorney. 

Affidavits specifying the date and method of Idaho UIDDA Service, as well as the names of the people served when served by an officer, must be returned when served by anybody other than the officer. A subpoena to appear at a deposition, trial, or hearing may require the individual to produce or allow examination and copying of specific books, papers, documents, electronically stored information, or physical objects. Subpoenas may be served at any time after all parties have either presented or defaulted unless otherwise directed.  Idaho UIDDA Service Subpoenas should be provided at least seven days before they are served on the third party. 

Documents, electronically stored information, physical items, or premises may be inspected and copied without the person providing them being present unless they are also required to be a trial, hearing, or deposition. Respondents to a subpoena must either deliver the papers as they are stored in the normal course of business or arrange and mark them in accordance with the categories specified in the subpoena's request.


Documents, conversations, or physical objects excluded from disclosure must be described in a way that allows the parties to evaluate the Idaho UIDDA Service claim without disclosing any privileged or protected information. An individual may tell any party that received the information of a claim of privilege or protection as trial-preparation material if the information is disclosed in response to a subpoena. To comply with an Idaho UIDDA Service notice, a party must promptly return, sequester, or destroy the specified information and any copies it has. The party could not use or disclose this information until the claim is resolved and must take reasonable steps to recover it if the party disclosed it before being notified. 

An examination may be necessary only in the county where the citizen lives, works, or does business in person. Any county in the state where an Idaho UIDDA Service subpoena is delivered on a non-resident may order that person to appear. It can be held in contempt of court for not complying with a subpoena if the individual does not have an appropriate justification for not complying with it.

The UIDDA requires that the party requesting a subpoena, according to Idaho UIDDA Service, sends a copy of a foreign subpoena directly to a county clerk of court. Subpoenas issued under Idaho UIDDA Service regulations do not require a person to appear in person before a judge in this state. Idaho UIDDA Service provides the necessary authority in Idaho to handle any additional issues related to the subpoena, such as issuing a protective order. A subpoena requester may be penalized if they violate the Idaho Rules of Civil Procedure by seeking the subpoena.

When a party in this state submits a foreign subpoena to a judge or clerk of court, the clerk must issue a summons to the person it addresses. A foreign subpoena's provisions may be included in an Idaho subpoena as long as they are consistent with the Idaho Rules of Civil Procedure. The person to whom the subpoena is sent should be informed that they may petition the Idaho court to quash or alter the subpoena.

Subpoenas should include or be accompanied by the names and phone numbers of all attorneys in the case, as well as those parties who are not represented by counsel.


Idaho's jurisdiction may be invoked, and the newly issued subpoena can be challenged in Idaho by submitting the subpoena to Idaho's court clerk so that an official subpoena can be issued in Idaho's name. When a lawsuit is filed in another state and the witness to be deposed resides in Idaho, the typical process will have to be followed. A subpoena will be issued in another state by a lawyer on record for a party in the current case (the same way lawyers can routinely issue subpoenas in pending actions). 

As long as the Idaho Rules of Civil Procedure are met, the lawyer may integrate phrases from the foreign subpoena into an Idaho subpoena, provided they meet the Idaho Rules of Civil Procedure criteria. Afterward, the lawyer will engage an agent in Idaho who will deliver the finished and signed foreign subpoena to the Idaho clerk's office and the completed but not yet signed Idaho subpoena. Upon receiving a subpoena from outside Idaho, the clerk of court will next issue a subpoena from Idaho (which involves signature and stamping). To serve the Idaho subpoena, the process server (or other party's representative) will do so in line with Idaho UIDDA Service law (which includes any applicable local rules).

Even if the clerk of court's action is only ministerial, Idaho may nonetheless exercise jurisdiction over the deponent because of it. Subpoenas issued in the trial state and a copy of Idaho's draft subpoena must be submitted to the court clerk in Idaho. To get a subpoena issued in Idaho, it is unnecessary to employ a local attorney or even go before a court to get the procedure started. 

The subpoena may be issued and served in Idaho without the involvement of a local attorney or a judge since the procedure is straightforward and inexpensive. Any party not represented by counsel must have their names and contact information included in any Idaho UIDDA Service subpoena that is served or accompanied by the subpoena. 

If the deponent (or, more often, the deponent's lawyer) meets the Idaho UIDDA Service criteria, it will be simple to find out who the other attorneys in the case are and contact them. Due to the fact that the subpoena will either include the names, addresses, and telephone numbers of all lawyers of record or any parties not represented by counsel, this criterion may be readily satisfied (which is the same information that will ordinarily be contained on notice of deposition and proof of service).


Idaho UIDDA Service stipulates that a subpoena issued must be served in accordance with the rules of service, wherein the officer or person in charge of serving the subpoena is not required to return the certificate of service of the affidavit to the court that issued it. The clerk is not required to keep a record of the subpoena or to collect a fee for issuing it. Instead, a certificate of service or affidavit will be sent to the attorney who sought the subpoena by the officer or employee responsible for serving. Any party or deponent may obtain a copy of the certificate of service or affidavit, which the lawyer must keep on file.

When the Idaho UIDDA Service discovery is started, the Idaho court clerk will not establish a file or collect a fee. For the Idaho UIDDA service, the lawyer initiating discovery is responsible for keeping and maintaining the original subpoena and the evidence of service. A file will be generated if a motion is filed to enforce, quash, or alter the subpoena.

Legal proceedings might begin with an application to a court. An application for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Idaho UIDDA Service rules must be made in accordance with Idaho rules and laws and submitted to the court in the county where discovery will be conducted, or the deponent resides, works, or conducts business. Any action to execute a subpoena must be filed in compliance with Idaho law.

A petition must be filed to challenge a subpoena that violated Idaho UIDDA  regulations. The petition must be filed as soon as possible and, at the latest, before the deadline mentioned in the subpoena. The court has the power to overturn the subpoena in violation of any of the required standards, which means that the subpoena can be overturned if it is unreasonable or oppressive; fails to afford sufficient time for compliance; forces the revelation of the confidential or otherwise protected information; or places an excessive burden on a witness;

All applications for a protective order, enforcement, quash, or modification of subpoenas, and any other discovery disagreement must be made per Idaho UIDDA Service law. A simple way for Idaho to safeguard its people who become non-party witnesses in a foreign case against excessive or unreasonably onerous discovery demands is to require that any discovery motions be considered under Idaho UIDDA Service law. 

This is an important interest of Idaho to preserve. Mandating that any petitions to the court directly affecting the deponent be made in Idaho safeguards the deponent. When interpreting and implementing Idaho UIDDA Service rules, it is important to remember that the Uniform Interstate Depositions and Discovery Act seeks to promote consistency in the law across the states that have adopted it.


Uniform Interstate Depositions and Discovery Act Adopted - 2009
Bill Number: Court Rule
Idaho R. Civ. P. 45
Idaho Courts Click Here

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1. A subpoena duces tecum is included in the definition of 'Subpoena.' Rule 45 of the FRCP provides the basis for this description of a subpoena.

2. Due to the Act's adoption as Rule 45(j) of the Idaho Rules of Civil Procedure, an attorney representing a client outside of Idaho may undertake discovery inside the case state. Litigation originating outside of the United States is exempt from this provision.

3. When the subpoena is issued by the Attorney General or any prosecuting attorney or on behalf of the State or any of its officials or agencies, fees and mileage are not required to be paid.

4. If the subpoena is for a deposition, the scope and method must meet with Rule 34, and the party must be granted at least 30 days to comply.

5. The party may also promptly present this information under seal to a court in the district where compliance is required to determine the claim. A claimant's right to their data must be protected by the person who created it.

6. Issuance or release. Rule 30 and Rule 31 authorize the district court clerk for the county where the action is ongoing or where deposition is being taken to be utilized in another state or nation to issue a subpoena based on evidence that a notice was served or by agreement.

7. Lawyers may also write a brief transmittal letter to accompany the out-of-state subpoena, indicating that an Idaho subpoena is being requested according to Idaho Rule 45(j) (3

8. As a result of this rule, it is required that the subpoena in Idaho constitute the requirements of the Idaho Rules of Civil Procedure, including Rule 45, and correspond substantially to the form established in Rule 45(c) of the Idaho Rules of Civil Procedure." In practice, the court clerk in Idaho issues a fresh subpoena, which is subsequently served on the deponent in line with Idaho's statutes.

9.  Requests for discovery filed after the implementation date of this rule, July 1, 2009, are covered by it.