Since Nevada is one of the states that have adopted the UIDDA, serving a foreign subpoena is made significantly straightforward.
Each of the 17 counties in Nevada operates following the UIDDA guidelines, so depending on the county of residence, a Nevada court will issue an out-of-state subpoena upon request. When it comes to subpoenas in Nevada, an interesting segment of the state’s legislature is that summoned individuals are not legally bound to appear before a court.
To learn more about how to serve an out-of-state subpoena in Nevada, continue reading below. In addition, we’ll suggest a reliable process serving firm for your legal needs.
What Information Should the Out-of-State or Foreign Subpoena Include?
A court clerk under the seal of the court issues a foreign subpoena in Nevada. For the document to be valid, it has to contain the following information:
- The name of the court handling the case
- The title of the proceeding (if any)
- The name(s) of everyone involved in the case (the defendant and the plaintiff requesting the issuance of the subpoena)
- The time and place of proceeding
With this information included, the court clerk issues the signed and sealed subpoena. Besides the general information, the subpoena is left blank so that the requesting party can fill it in before serving the subpoena.
How Does the Foreign Subpoena Process Work in Nevada?
As we mentioned, seeking a subpoena in Nevada does not impose a legal obligation for a court appearance in the state. When a party seeks the issuance of a foreign subpoena in Nevada, it is up to the court clerk to issue the document. Moreover, the moment the document is filed, the court clerk must act swiftly to issue the subpoena, following the UIDDA guidelines.
Nevada courts follow strict protocols while issuing a subpoena, whether it’s an out-of-state subpoena or a standard-issue one. If not all protocols are followed, the person of interest in the subpoena is not legally bound to comply, making the issuance process much more important.
For civil cases involving out-of-state subpoenas, the state of Nevada allows the following individuals to be the process servers:
- A process server
- A peace officer
- Anyone over 18 years old who’s not involved in the case in any way
Moreover, non-Nevada residents who are summoned to appear at a court deposition in Nevada are legally required to be present only in the following circumstances:
- If the deposition takes place in the county where the nonresident ware served the subpoena
- If the location of the deposition is within 40 miles of the place of service or otherwise emphasized by the court
Aside from seeking the discovery of an individual residing out of Nevada, the state allows for objects to be subpoenaed. In that context, the state of Nevada officials can issue a subpoena for the following objects:
- Books
- Papers
- Other objects defined in the subpoena
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