HOW TO DOMESTICATE A FOREIGN SUBPOENA IN Michigan
The Uniform Interstate Discovery Act UIDDA Michigan went into effect on April 1, 2013. Prior to that change, out-of-state plaintiffs had to start a new case in Michigan only to get a subpoena from the court. Any litigation or administrative action may issue a subpoena.
Subpoenas may now be requested in another state by following the procedures laid forth under the UIDDA and Michigan. In addition, a fee should not be collected by the court clerk when a request is made solely for the purpose of issuing a subpoena.
Uniform Interstate Depositions and Discovery Act (UIDDA)-Michigan
The Uniform Interstate Depositions and Discovery Act were enacted on April 1, 2013, by 2012 PA 362. To request that a discovery subpoena be issued in Michigan, one must follow the steps laid down by the UIDDA and Michigan law. Requesting a subpoena does not generate a new case; hence there should be no case-type code and no filing fee.
Requests for subpoenas under this legislation must be lodged in the circuit court in the county where the UIDDA and Michigan discovery is to be performed. A person may be located in the county where they live, work, does business, or are found. As soon as an out-of-state summons is submitted to the clerk of a Michigan circuit court, they must issue a subpoena for service on the individual named in that summons. Subpoenas should be requested and issued in accordance with the court's basic procedures as well as UIDDA and Michigan law.
Additionally, any parties not represented by counsel must be named, addressed, and phoned in the out-of-state subpoena's UIDDA and Michigan subpoena. The presence of a witness during a deposition is often required. Some UIDDA and Michigan subpoenas call for the production of specific documents, such as medical records or phone logs.
Subpoenas must be requested at the county circuit court in the area where discovery is requested. Only in the county where a person lives, works, transacts business, or is located may a person be sought for investigation. Both circuit courts and district courts are available in Michigan. As specified in the legislation, the applicant must only obtain a subpoena from the circuit court; thus, they must do it only there.
PROCEDURE FOR AN OUT-OF-STATE SUBPOENA IN MICHIGAN
The clerk of the circuit court must receive the out-of-state subpoena after the applicant has determined the correct county. The overseas subpoenas must be served with a subpoena issued by the court clerk.
The UIDDA and Michigan provisions of the subpoena for testimony from a state other than Michigan must be provided. Here the applicant may specify when and where someone or anything will arrive. In addition, the identities of witnesses who may be called to testify or provide the evidence, such as a record-keeper. All legal counsel's names, addresses, and phone numbers must also be given.
The deponent must be served with the subpoena once it has been issued in accordance with UIDDA and Michigan. Any legally competent adult who is not a party to the case or an official of a corporate party may serve the summons and complaint in this state. This may also be done by sending a copy via registered or certified mail with a request for a return receipt and with delivery limited to the intended recipient. When the defendant confirms receipt of the letter, UIDDA and Michigan service have been completed. The signed green certified card may be used as evidence of UIDDA and Michigan service.
Each party must be served a copy of the subpoena, whether they are represented by an attorney or represent themselves. The party may then decide whether or not to take the matter to court. A move for a protective order or an order to quash may be filed with the circuit court by either a party or the deponent. These UIDDA and Michigan motions must be filed with a fee.
All papers and items should be shared with the other parties. A fair fee should be requested from all stakeholders if reproduction is prohibitively expensive.
To get a deposition or document production from a Michigan citizen or firm, an out-of-state plaintiff may follow the requirements in Michigan's Uniform Interstate Depositions and Discovery Act (MCL 600.2201 et seq).
A foreign subpoena should be sent directly to the clerk of the circuit court for that county, where the UIDDA and Michigan requested information is located. A clerk of the circuit court will issue a subpoena for service to the person to whom the international subpoena is addressed whenever a party submits the foreign subpoena to the clerk.
If the foreign subpoena is included in the Michigan one, then the names, addresses, and phone numbers of every attorney involved in the out-of-state action must be included as well. Subpoenas may be issued under UIDDA and Michigan provisions only if a party submits a copy of a foreign subpoena issued by a court in the jurisdiction where the discovery is to be undertaken. It is not necessary to attend in person in the state's courts when a subpoena is requested.
A clerk of the circuit court must quickly issue a subpoena for service on the person to whom a foreign subpoena is addressed, in accordance with the UIDDA and Michigan court's procedures. The language used in the foreign subpoena must be included in the subpoena. As part of the subpoena, it must include or be accompanied by the names, addresses, and phone numbers of all lawyers of record and any unrepresented parties in the hearing.
GENERAL REQUIREMENTS FOR THE SUBPOENA
It is not necessary to issue a subpoena in order to serve notice of the taking of a deposition on a party or the counsel of a party in order to compel the attendance of the deponent. The subpoena may demand that the person to whom it is addressed produce, authorize examination, and copying of specific documents or other tangible objects pertinent to the present case and within the scope of discovery.
There may be an indication in the summons or notice that the purpose of the deposition is to provide papers or other physical objects for examination and copying and that the party does not plan to examine the deponent during it. The court in which the case is ongoing may provide an extension of time to comply with the subpoena if a timely UIDDA and Michigan application is submitted.
There must be at least fourteen days' notice before a subpoena may be delivered. The summoned individual may submit a written objection to the viewing or copying of any or all of the designated UIDDA and Michigan documents on the party issuing the subpoena no later than the time indicated in the subpoena for compliance.
An objection must be filed before a subpoena-serving party may see and copy the requested documents. An order forcing the production of specified materials may be sought by either the serving party or that party's deponent upon notice to that deponent.
DEPOSITION OF OUT-OF-STATE INDIVIDUALS
Non-Michigan residents may be summoned to appear for a deposition at a specified location in Michigan or abroad under terms and circumstances that are fair, including payment by the defendant of reasonable travel, food, and accommodation costs paid by the deponent.
The deponent may be subpoenaed to testify in court if a person entitled to take their evidence in Michigan under the laws of another state, with or without a commission, applies to the court of record in the county where the deponent lives, works, transacts business or is located. With or without notice, the court may hear and rule on the application. Subpoenas may be issued in this state for action in another state or territory under the Uniform Interstate Depositions and Discovery Act to require the attendance of the person at a deposition, to produce and permit inspection and copying of materials, or to permit the examination or inspection of premises under the person's control.
A subpoena must [A.] be entitled in the name of the People of the State of Michigan; [B.]be imprinted with the seal of the Supreme Court of Michigan; [C.] have typed or printed on it the name of the court in which the matter is pending; [D.] state the place where the trial or hearing is scheduled; [E.] state the title of the action in which the person is expected to testify; [F.] state the file number assigned by the court; and [G.] state that failure to obey the commands of the subpoena or reasonable directions of the signer as to time and place to appear may subject the person to whom it is directed to penalties for contempt of court.
REQUIREMENTS FOR SERVICE OF SUBPOENA IN MICHIGAN
The fee for attendance and mileage provided by UIDDA and Michigan law must be tendered to the person on whom the subpoena is served at the time of service. A person served with a subpoena or order to attend may appear before the court in person or by writing to explain why the person should not be compelled to comply with the subpoena, order to attend, or directions of the party having it issued.
The court may direct that a special hearing be held to adjudicate the issue. For a good cause, with or without a hearing, the court may excuse a witness from compliance with a subpoena, the directions of the party having it issued, or an order to attend. The person must comply with the command of a subpoena unless relieved by order of the court or written direction of the person who had the subpoena issued, except that any obligation to produce documents if timely written objections are served stays pending resolution.
A party may have a subpoena issued directing that an original record of a person be produced at the trial or hearing by the custodian of the record. The subpoena must specifically state that the original records, not copies, are required to comply with the requirements of UIDDA and Michigan laws. A party may also require, by subpoena, the attendance of the custodian without the records.
Uniform Interstate Depositions and Discovery Act Adopted - 2013
Bill Number: SB 707 Sponsor Schuitmaker
MICH.COMP. LAWS § 600.2201
Sample Subpoena Click Here
Guidance Oakland County clerk Click Here
Michigan Courts Click Here
Effective April 1, 2013, 2012, PA 362 amends the Revised Judicature Act and incorporates the Uniform Interstate Depositions and Discovery Act at MCL 600.2201 et seq. This act establishes the process for requesting the issuance of a discovery subpoena in Michigan for a case pending in another state. The request for a subpoena does not create a new case, so no case-type code should be assigned, and no filing fee should be collected.
The key provisions in the public act include:
Requests for subpoenas under this act must be made in the circuit court in the county in which discovery is sought to be conducted. Discovery may be sought in a county where a person lives, works, transacts business, or is found.
When a party submits an out-of-state subpoena to the clerk of the Michigan circuit court, the clerk must promptly issue a subpoena to be served on the person who is the subject of the foreign subpoena. The court’s general procedures for requesting and issuing subpoenas should be followed.
The Michigan subpoena must incorporate the terms of the out-of-state subpoena and must contain the names, addresses, and telephone numbers of all counsel of record and any party not represented by counsel.
A motion requesting a protective order or an order to enforce, quash, or modify a subpoena issued under 2012 PA 362 must be filed in accordance with the Michigan Court Rules. The party filing the motion must pay a motion fee under MCL 600.2529 and MCR 2.119(G).
2012 PA 362 is effective for any case pending on April 1, 2013
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1. Under 2012 PA 362, every move to enforce, quash or alter a subpoena must be submitted in conformity with the rules of the Michigan Court of Appeals. Under MCL 600.2529 and MCR 2.119, the party submitting the motion is required to pay a motion fee.
2. There are 57 circuit courts in Michigan, spread all over the state. All civil matters involving more than USD25,000 and all felony criminal proceedings are handled by the circuit courts. However, many courts maintain a distinct Family Law Division to handle divorce and family law disputes. Typically, all divisions of the court use the same clerk of the court for all legal pleadings, including case filings.
3. Some courts demand that the individual file in person or by mail, while others provide e-filing options.
4. MCR 2.105 specifies the mode of service.
5. This information may be procured from form CC 11a
6. A party may have a subpoena issued in accordance with MCR 2.506 for the individual identified or described in the notice after serving the notice provided for in MCR 2.303(A)(2), 2.306(B), or 2.307(A)(2).
7. A party deponent is subject to MCR 2.310's processes.
8. It is possible to get a subpoena or an analogous procedure from a court in another state, territory, or country if the location of the examination is out of state, territory, or country.
9. Tender must be made in cash, by money order, by cashier's check, or by check drawn on account of an attorney of record in the action or the attorney's authorized agent.
A subpoena may also be served by mailing a witness a copy of the subpoena and a postage-paid card acknowledging service and addressed to the party requesting service. The fees for attendance and mileage provided by law are to be given to the witness after the witness appears at the court, and the acknowledgment card must so indicate.
10. Notwithstanding any other provision, until further order of the Court, a subpoena issued under this rule may require a party or witness to appear by telephone, by two-way interactive video technology, or by other remote participation tools.