Different states have varying rules when it comes to serving subpoenas. To streamline the whole process, the Uniform Law Commission created the Uniform Interstate Depositions and Discovery Act (UIDDA). Established in 2007, the UIDDA provides a standardized means to obtain information and depositions from individuals or entities located out of state.
Prior to the UIDDA’s enactment, litigants had to hire local counsel to help them prepare a commission or letters rogatory needed to obtain evidence, request the presence of witnesses, and depose individuals in the foreign state. This policy is revoked under the UIDDA, wherein litigants simply need to have the out-of-state subpoena reissued at the court where the case is located.
As of 2021, 43 states in the U.S., including New York, have adopted the policy. All other states are considering adopting UIDDA, with the exception of Connecticut, Massachusetts, Missouri, Oklahoma, New Hampshire, Texas, and Wyoming.
Serving a Subpoena Under the UIDDA
Domesticating the subpoena is just the first step. Litigants would also have to determine a way to serve the documents to the intended recipients. For this step, hiring a professional out-of-state server is a wise decision.
The following is an overview of how subpoenas are processed and served through the UIDDA:
Step 1: Drafting of Subpoena
A draft subpoena that is compliant with the rules of the foreign state must be created. If the document needs to be quashed or modified, guidelines from the same state will be followed to ensure the subpoena is valid and enforceable.
Step 2: Domestication of Subpoena
After the subpoena has been drafted, the litigant has the option to personally submit the documents to the court clerk where it needs to be domesticated. If you’re in a time crunch, hiring a professional out-of-state server is a wise decision.
Once they receive the foreign subpoena, the clerk will reissue a subpoena following their jurisdiction’s specific rules and procedures. The reissued subpoena will either be assigned a new index number or signed by the clerk.
Step 3: Serving of Subpoena
Once the subpoena has been domesticated, it can now be served. Service of process must be in accordance with the rules and laws of the foreign state. Also, additional documents may need to be served depending on the type of discovery needed. A few examples are Notice to Take Deposition, Notice of Service, and Notice of Patient.
When the subpoena has been successfully served, deposition, acquiring evidence, or requesting the presence of witnesses may now commence.
Reputable Process Server for Out-of-State Domestication and Service of Process
Securing a reissued subpoena is just the first step. Litigants or their lawyers must also hire reputable process servers who can deliver the subpoena to the intended recipients.
Serve Index LLC’s process servers are knowledgeable in the domestication and serving of out-of-state subpoenas for lawyers and their clients. We provide real-time email updates to simplify the foreign domestication process and guarantee precise service of process.
We also have other legal support services such as skip tracing, court filing, mobile notarization, and document retrieval. Reach out to us at 888-994-6339 or email [email protected] to get a free quote.