The resolution of cases depends on a lot of factors. These factors may be clear-cut from the get-go or they can be varying levels of complicated. One common complication in cases is when a witness or piece of evidence is located outside the original state of the case.
For these instances, the help of an experienced process server can go a long way in making sure the service of process is upheld correctly and the case goes through without hassle.
Serve Index has a team of seasoned process servers in New York that can help out-of-state cases deliver the right paperwork to the right people.
Domesticating a Subpoena
If a case requires the presence of a witness or a piece of evidence that resides outside the jurisdiction of the state where the case is filed, domesticating a subpoena may be necessary.
This process involves a lawyer submitting a draft of the subpoena to a court in the county where the witness or the evidence is located. The court then reissues the subpoena for the deposition or discovery.
Serving Out-of-state Subpoenas
There are several advantages of hiring an experienced process server when serving subpoenas from outside the state.
One is cost. Instead of flying to a different state and spending time tracking a witness or a piece of evidence, a local process server can deliver the documents more easily and quickly, saving both time and money.
Two different jurisdictions also mean two different legislative acts, and two different Rules of Civil Procedure. Making a mistake at this stage can mean the difference between getting the witness testimony and failing to make a proper delivery.
A local process server, armed with a wealth of knowledge and experience about the local service of process, can make sure that the right procedures are followed and that the documents get to the individuals that need to receive them in a timely manner.
Uniform Interstate Depositions and Discovery Act or UIDDA
The UIDDA has made the entire process of service subpoenas out of state and getting the deposition or discovery the case needs significantly easier. Before the UIDDA was adopted, people would have needed to hire another lawyer in the new jurisdiction to file the subpoena.
Because of the UIDDA, the party just needs to submit a foreign subpoena to a local clerk to be reissued.
Thankfully, New York is one of the 31 states that have adopted the UIDDA. This means out-of-state cases can much easily get subpoenas reissued to get the witness or piece of evidence needed by those cases.
In some cases, subpoenas need to be issued out of state to get the necessary witness deposition or discovery. A process called subpoena domestication needs to be done in the new jurisdiction. The UIDDA makes this process easier for the 31 states that have adopted it.
Although the process seems intimidating, with the help of a local process server, it can be significantly simpler, faster, and more reliable.
If you have a case outside New York, and you need to domesticate and serve a subpoena for a witness or a piece of evidence inside the state, you can rely on our process servers. We have the necessary tools and resources to make sure the documents reach the right people.
Ensure successful delivery of your legal papers and contact us today.