UIDDA Effects on Out-of-State Subpoena Process

To simplify the laborious process of obtaining out-of-state depositions and discovery, the Uniform Law Commission developed the Uniform Interstate Depositions and Discovery Act (UIDDA) in 2007. The UIDDA standardizes the process of obtaining an out-of-state subpoena in states that have adopted the policy.

Subpoena Process: UIDDA vs. Non-UIDDA States

In non-UIDDA states, litigants seeking out-of-state discovery must first secure a commission or letter rogatory from a trial court before discovery is sought in the state. The UIDDA eliminates this step. Instead, parties seeking discovery simply need to secure a subpoena from the state court that presides over the case.

The subpoena is then presented to the county clerk where the discovery is sought. After which, the clerk re-issues a local subpoena for service upon the witness or entity.

The UIDDA subpoena process is only applicable between states that have adopted it. If the jurisdiction where you aim to seek discovery is a non-UIDDA state, the subpoena domestication process is subjected to their local guidelines. Out-of-state domestication varies from state to state, so it’s best to coordinate with the local court before putting in the work.

States that Recognize the UIDDA

As of 2021, 43 states, the District of Columbia, and the U.S. Virgin Islands have adopted some form of the UIDDA. The states that recognize it include:

The Various UIDDA Effects on the Out-of-State Subpoena Process

The UIDDA effects on the out-of-state subpoena process are quite substantial. Prior to the creation of the UIDDA, there were many variances in state rules when it came to serving a subpoena from one jurisdiction to another, often requiring retaining the local council. Some states required a deposition notice presented to the discovery state’s judge or clerk, after which a subpoena would automatically be issued. Other states, however, required a deposition notice to be filled in the trial state, followed by serving the witness with a subpoena in accordance with the trial state’s rules. 

The UIDDA was designed to help streamline the process of obtaining discovery subpoenas from individuals and entities located in other states. In a UIDDA state, obtaining a commission, order, or letter rogatory from a court before discovery can be sought is no longer necessary. The process of obtaining the issuance of a subpoena is untangled to the point of simply coordinating with the local court clerk’s office to ensure that procedural formalities in that state are satisfied. In other words, the UIDDA was created to ensure that the requirements of each locality are considerably similar, making the process easier for everyone. The court clerk then issues the subpoena, ready to be served.

UIDDA is slow, though certain widespread acceptance across the states turned the once slow and complicated process of facilitating cross-state depositions and discovery into something much more feasible. As more states hop on the UIDDA train and embrace the now standardized approach, litigators are the ones who reap the fruitful benefits. The UIDDA effects on the out-of-state subpoena process certainly turned the tables to a great extent. Obtaining out-of-state testimonies is now quite efficient and appreciably more cost-effective.

Reliable Process Serving Out-of-State Subpoenas

Obtaining a domesticated subpoena is the first step to seeking out-of-state discovery during litigation. However simple procedures have become, this doesn’t mean that any documentation can be served as it would be in the original jurisdiction’s state. In fact, the UIDDA process requires dealing with a court clerk within the jurisdiction where out-of-state discovery is being actively pursued. 

Even though filing a motion by an attorney or legal council is not necessarily required, the subpoena still needs to be reissued in the discovery jurisdiction. Working with an accomplished UIDDA process server is highly advisable, as they will ensure a subpoena is brought to the court clerk in person. This will substantially cut down the time required for the domestication of a foreign subpoena and ensure that important deadlines are properly met. 

Process servers who regularly serve UIDDA subpoenas are acquainted with and work very closely with many court clerks nationwide. A process server saves you a significant amount of time and money and offers further guidance where necessary. They will also carefully elaborate on the UIDDA effects on the out-of-state subpoena process.

Why waste precious time getting acquainted with UIDDA processes when you can get a professional to do all the work for you? Serve Index LLC has been serving domesticated subpoenas in all areas and jurisdictions of the U.S. since 2010. With our accumulated expertise, you can rest assured knowing that our out-of-state process servers will deliver any legal documents accurately and timely to the correct clerk. If you’d like to familiarize yourself with our subpoena domestication process in each state, all you need to do is just pick up the phone.

Get In Touch with Expert Process Servers

Receive legal support services that exceed industry standards and meet the client’s unique needs from Serve Index LLC. Our process servers are experienced in serving even the most evasive and unwilling recipients.

When you work with our team, you can expect:

• Real-Time Email Updates
• GPS Tracking
• Witness Fee Calculation
• Three Delivery Attempts
• Emailed Copy of Affidavit of Service

We pride ourselves on delivering quick and efficient process service anywhere in the country, always completing our service in the following timeframes:

• Same-Day Service: Delivery is carried out on the same day
• Rush Service: Delivery takes place in 24 to 48 hours
• Standard Service: Delivery takes place in 3 to 5 days

Secure the witnesses and evidence needed to strengthen your case. For assistance with subpoena domestication,  reach out to Serve Index LLC at 1 888 994 6339 or [email protected].