How To Domesticate A Foreign Subpoena State By State

"Guidelines for Domesticating Foreign Subpoenas: State-Specific Instructions under the Uniform Interstate Depositions and Discovery Act (UIDDA) of 2007. Please click here to watch the video on domesticating a foreign subpoena.

The Uniform Interstate Depositions and Discovery Act (UIDDA) was introduced by the Uniform Law Commission in 2007 to streamline and simplify the process of deposing individuals residing out of state and accessing discoverable materials located beyond the jurisdiction of the trial state.

Under the provisions of UIDDA, litigants have the option to approach the clerk of the court within the state where the sought-after discoverable materials are located. They can present a subpoena that has been issued by a court in the trial state. Once the clerk receives this foreign subpoena, they are empowered to issue a subpoena for service upon the individual or entity to whom the original subpoena is directed. The terms of the issued subpoena must mirror those of the original subpoena, and it should include the contact details for all legal counsel involved and any unrepresented party.

Notably, this Act minimizes the need for extensive judicial oversight and eliminates the requirement to obtain a commission or local counsel in the discovery state. It also dispenses with the need for letters rogatory and the filing of miscellaneous actions during the discovery phase of litigation. It is important to emphasize that any discovery authorized by the subpoena must adhere to the rules of the state in which the discovery is carried out. Additionally, any motions to quash, enforce, or modify a subpoena issued under the Act should be pursued and regulated according to the rules of the discovery state.

To access state-specific guidelines for issuing out-of-state subpoenas, click on the relevant state below."

how to domesticate a foreign subpoena state by state