There are instances where witness testimony or documents located in California are needed for certain ongoing cases in other states. If you can’t get them to appear voluntarily or obtain the files easily, your lawyer will have to serve and domesticate a foreign subpoena from the local county.
Before, was time-consuming since you’ll have to deal with a different jurisdiction. After the establishment of the Uniform Interstate Deposition and Discovery Act (UIDDA), everything was standardized. The process of acquiring depositions and discovery involving other states became much simpler and more efficient.
To secure subpoena domestication in California under UIDDA, you’d have to submit one to a California county clerk first. They’ll then reissue it following the rules and procedures of their local jurisdiction. It can only be served after it’s been signed by the clerk or given a new index number.
Understanding the UIDDA in California
The UIDDA is the overarching policy that aims to expedite the subpoena process for witnesses and documents that are out of the state’s jurisdiction. Prior to the introduction of the UIDDA, one of the most time-consuming tasks that needed to be done before some depositions or hearings in California was to subpoena a witness or evidence located outside the state.
Before the UIDDA, it was necessary to hire a lawyer in the jurisdiction where the witness or evidence was located. Additionally, each state had its own laws that one had to be familiar with. In some states, the following was required:
- A notice of deposition, which would be shown to a clerk or judge in the discovery state
- A letter rogatory or application for the trial state to issue a subpoena
- A lawyer in the discovery state to file an action establishing jurisdiction over the witness
Thanks to the UIDDA, the above are no longer required in states that have adopted it.
Forty-four states utilize the UIDDA. These include California, Alabama, Arizona, Hawaii, the District of Columbia, Oklahoma, and New York. Legal professionals in states that have adopted the ruling can opt for subpoena server services to further streamline the process of domesticating a foreign subpoena.
Keep in mind that there are states that still don’t recognize the UIDDA, which can make the subpoena domestication process more challenging.
Domesticating an Out of State Subpoena in California
The process of domesticating subpoenas has become much more straightforward since the passing of the UIDDA. However, it can still be confusing to navigate since it involves two different jurisdictions, each with its own Rules of Civil Procedure.
Serve Index LLC’s team of process servers is highly knowledgeable and experienced in the process of domesticating and serving out-of-state subpoenas. We offer our legal support services to individuals, law firms, and corporations, saving them time and resources. With our help, our clients can focus fully on researching and preparing for their cases instead of worrying about subpoenas.
To initiate the process of domesticating an out-of-state subpoena in a state that recognizes the UIDDA, a request must be made to the local court. You will need to file a petition and submit certain documents. Individuals may need to hire a lawyer for guidance and assistance with the formal petition.
- The domesticated subpoena should:
- Incorporate the terms used in the foreign subpoena
- Have the contact details of all counsel of record in the proceeding and any party not represented by counsel
- Bear the caption and case number of the out-of-state case it relates to
- Name the court that issued it
Upon receipt of the foreign subpoena, the court clerk will issue a subpoena for service to the individual or entity the original subpoena was directed to. The domesticated subpoena will then be served by a qualified individual. The service of process must abide by the rules of the discovery state where the subpoena is to be served.
Once this is done, the process server will accomplish an Affidavit of Service. This document is proof that the subpoena was successfully served. It prevents the served party from saying they did not receive the subpoena, which could result in delays in the court proceedings.
The person or entity is then obligated by law to comply with the request, whether it’s to provide testimony at a deposition or hearing or to produce the evidence required.
The subpoena should specify the date, time, and place of the hearing they’re required to attend. If you are subpoenaing a witness, it’s recommended that you give as much notice as you can to allow them time to prepare.
Note that the requesting party may have to pay the witness. In California, witnesses are entitled to:
- A witness fee of $35 for each day’s attendance
- $ .20 per mile traveled, both ways
These fees are payable in advance. If the witness asks to be compensated before the court date and you do not comply, the witness is not required to attend the hearing or deposition. For this reason, it’s best to prepare for these possible charges.
What We Offer
You don’t need to travel to California to domesticate a subpoena. Our team of process servers is ready to help you out through the entire process. Apart from domestication and service of process, we also assist with the calculation of witness fees.
For your peace of mind, we provide email updates in real-time and guarantee three delivery attempts. Once the subpoena has been served, we will email you a copy of the Affidavit of Service.
Serve Index LLC is a trusted process service agency that has been providing legal support services to law firms and solo practitioners for years. Our experienced team has a proven track record of ensuring that the subpoenas are delivered straight to the court clerks in person to make sure that everything will be in order.
After getting a domesticated subpoena, the next step is delivering it to the intended individuals or entities. This part of the process should be done diligently because judges can dismiss a case without prejudice if they find any possible weaknesses in the evidence. A great example is violating any rules laid out by the California State court when serving or delivering a subpoena.
Therefore, Serve Index LLC only employs the most knowledgeable and capable servers to make sure that no mistake will be committed. You can trust them to deliver your subpoena with strict compliance with the rules of the state.
While it may seem like delivering a subpoena personally is doable, it’s safer and smarter to let professionals do it. This way, you won’t have to study every rule laid out and look for the location of the intended receiver. You can use this time to build a stronger case instead.
Lawyers need to gather all the necessary evidence and depositions as fast as possible to be able to assemble their case before a court date. This makes subpoenas and every process related to it, time sensitive.
It’s the main reason why our team treats this certain task as a top priority, and why we provide them with all the necessary means to deliver the subpoena. Whatever your time frame maybe, we’ll make sure to meet your deadline.
Legal Support Services You Can Trust
Serve Index LLC is a licensed process agency with all the experience and knowledge to serve subpoenas. Aside from this, we also offer other legal support services, including court filing, skip tracing, mobile notary, and document retrieval. Get in touch with us today to get your free quote. You can reach us via phone at 1 888 994 6339 or firstname.lastname@example.org.