Given that Colorado has joined the UIDDA-compliant US states, filing for a subpoena is easy, thanks to the uniformity of the act.
The UIDDA (Uniform Interstate Depositions and Discovery Act) acts as the catalyst between every involved party in a court case. The UIDDA makes witness or document deposition needed from another state quick and accessible.
Continue reading about how serving an out-of-state subpoena in Colorado is affected by the UIDDA and where to get the most helpful legal aid.
The UIDDA and Colorado Laws
As of 2016, Colorado has joined the state-wide network of UIDDA-complaint states, which means that courts in Colorado will abide by the rules and regulations imposed by the Uniform Interstate Depositions and Discovery Act.
With that in mind, everyone seeking discovery of a person or a document due in a court case outside Colorado can issue a request for a subpoena and bypass massive documentation.
According to Title 13 and Article 90.5 of Colorado’s 2016 revised statutes, a clerk of court in the state of Colorado will swiftly issue a subpoena for service upon the person to whom the foreign subpoena is aimed when a party submits a foreign subpoena.
Issuing a Foreign Subpoena in Colorado
Submitting an out-of-state subpoena in Colorado requires the party to submit the document to the court clerk of Colorado. The court clerk’s primary obligation is to comply with the guidelines and regulations in the UIDDA.
In Colorado, one can request a subpoena to be issued by contacting the district court for the country where discovery is sought, whether it’s a person or a document required for a pending court case. However, this does not mean parties should be physically present in courts in Colorado.
Out-of-state subpoenas will have specific information on whether the recipient can mail the requested legal papers or if they’re required to be physically present.
Who Can Serve a Subpoena in Colorado?
Colorado legislation allows for legal adults to serve court papers. However, while process servers might be over the legal age of 18, if they are connected to the case or are part of any of the parties involved, they are not allowed to act as process servers in Colorado.
You should also note that the court of Colorado has a dedicated time for service unless ordered otherwise. Depending on the type of subpoena, the time for service is as follows:
- Subpoena for Trial or Hearing Testimony – Must be served no later than 48 hours before appearance is needed.
- Subpoena for Deposition Testimony- No later than seven days before compliance.
- Subpoena for Production of Documents- No Later than 14 days before compliance.
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