Whether you need to acquire information, summon a witness, or get a deposition outside of the state., you’ll need to domesticate a subpoena in the other state. This can be complex when you must rule in service and domestication guidelines from two different jurisdictions. A certified process server simplifies the process by providing you with the support you need to domesticate and serve the documents successfully.
Subpoena Domestication Through the Uniform Interstate Disposition and Discovery Act (UIDDA)
In an effort to standardize the process for domesticating out-of-state subpoenas, the Uniform Law Commission created the UIDDA in 2007. As of 2021, 43 out of 50 U.S jurisdictions, including New York, have adopted the policy.
For the UIDDA to take effect, both the plaintiff’s state and the individual to be subpoenaed must have adopted the policy. You can visit the Uniform Law Commission’s website to check if the states involved in your case implements the UIDDA.
Legal professionals and individuals in states participating in the UIDDA can leverage a quicker and easier way to domesticate subpoenas. Under the UIDDA, the plaintiff can secure a subpoena in the same way subpoenas within the state are obtained. A process server will submit the subpoena to the court clerk in the state where the discovery process will take place. Afterward, the clerk will reissue a subpoena that follows the guidelines of the other state.
Once domestication has been completed, the papers can be served. However, it’s important to note that states have varying guidelines when it comes to serving subpoenas. For instance, some jurisdictions employ sheriffs or constables instead of private process servers to serve legal papers.
Domesticating Subpoenas in States That Don’t Recognize the UIDDA
Foreign subpoena domestication is more labor-intensive for individuals and lawyers in states that do not recognize the UIDDA. First, they have to approach their local court and secure one of the following: letters rogatory, a commission for taking an out-of-state deposition, or a standard order for taking an out-of-state deposition.
After that, they will need to have the subpoena domesticated. This involves submitting the subpoena to the out-of-state court for reissuing. Depending on the state, this can be done by submitting an application or filing a petition through a process server or an attorney and submitting additional records to the court. Once this step is completed, the subpoena is now ready to be served.
As of February 2021, the following are the states that have yet to enforce the UIDDA:
- Connecticut
- Massachusetts
- Oklahoma
- Texas
- Wyoming
- New Hampshire
- Missouri
Experienced Process Servers in New York
The process servers at Serve Index LLC are skilled and knowledgeable in serving papers for out-of-state cases. Whether you’re a plaintiff filing a lawsuit or a lawyer representing a client, you can depend on us to ensure that your legal documents reach the intended recipients.
Besides domestication and serving of subpoenas, we are also experts in legal support services such as skip tracing, document retrieval, and court filing. For questions or quote requests, call our toll-free number 1-999-994-6339 or send a message at infor@serveindex.com today.