A foreign subpoena, otherwise known as an out-of-state subpoena, is a process for discovering a person by a written order to appear in court. Unlike regular subpoenas, foreign subpoenas seek the discovery of an individual residing at a different location than the plaintiff.
Across the U.S., the laws and regulations regarding subpoenas and out-of-state subpoenas are different.
For instance, in Montana, a foreign subpoena must be submitted to the county clerk of Montana county for further discovery. Afterwards, court clerks will issue a summons for the Montana Process service in the name of the individual (the defendant) following the UIDDA-Montana guidelines.
Continue reading below to learn how to secure an out-of-state subpoena in Montana, as well as where to turn for the most reliable legal assistance.
How to Obtain an Out-of-State Subpoena in Montana
One of the most important things to remember when securing a subpoena in Montana is that if a person is under the age of 18 or in any way involved in the court case, they cannot be process servers in Montana.
Next, a Montana court is the legal entity that issues the subpoena. A court-appointed clerk will issue the subpoena to the party that demands it for signing.
The clerk will then proceed with the serving of the court document. When securing a foreign subpoena, the court and court clerks will abide by UIDDA to convey the process effectively and justly.
Other than a clerk, a lawyer can also issue and sign a subpoena instead of the court where the legal matter takes place. The document has to contain the following stances:
- The name of the court (legal representative on behalf of a court) that issued the subpoena;
- The title of the legal action within the court;
- The names of individual(s) included in the summons to appear before the court.
What Do Montana Courts Demand in a Foreign Subpoena?
When it comes to serving an out-of-state subpoena, the legal system in Montana is flexible yet sturdy. In other words, delivering a copy of the subpoena to the person whose discovery is sought is the preferred method of delivery for Montana courts, i.e., for the Montana Process service.
In case the person summoned is required to be physically present in court, they are entitled to a one day’s pay and a number of miles accredited to the person of interest in the subpoena. Before the trial commences, each of the designated parties must be properly informed if they are obliged to provide any sort of documentation.
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