There are two main issues that arise when requesting a deposition subpoena on an out-of-state party regarding a legal matter arising in a state court.
First, the requesting party must determine how to properly request for a party to be ordered to appear for an out-of-state deposition. Then, the requesting party must conduct proper service of process of the deposition subpoena. This article will address the first issue.
The Uniform Interstate Depositions & Discovery Act
The Uniform Interstate Depositions and Discovery Act (UIDDA) provides procedural guidance on how to request a party to appear for an out-of-state deposition. The UIDDA was developed as a result of so many states having different rules governing the validity of out-of-state subpoenas on residents and businesses (note some states have not implemented the UIDDA into practice).
Process of Obtaining an Out-of-State Deposition Subpoena
A subpoena is a writ that orders someone to take a particular course of action. It is used to compel someone to appear and provide a testimony (subpoena ad testifcandum), and/ or to produce documents (subpoena duces tecum).
In order to obtain a deposition subpoena to serve on an out-of-state individual, the party requesting the subpoena must be able to provide proof that an action is pending within their jurisdiction and show proof that a deposition has been scheduled.
Once this is established, depending on the out-of-state court’s civil procedure rules, the requesting party may be able to take one of the following actions:
1. Serve the deposed party directly;
2. Provide a copy of the Notice of Deposition to the out-of-state court and request for a subpoena to be issued; or,
3. Petition the out-of-state court to issue a subpoena by filing a motion requesting permission to take the out-of-state deposition of the witness.
The out-of-state court may require specific documents to be presented to the court as part of the litigant's request for the issuance of an out-of-state subpoena:
1. Motion or the petition of the pending legal matter;
2. Certification or declaration of need of deposition from local counsel; and/or
3. Certified copy of Notice of Taking of Deposition with Proof of Service upon all parties.
The out-of-state court will usually require the requested party to attend the deposition unless the party can provide proof that it is unjustified.
Note, for federal court legal proceedings, a party can be subpoenaed for a pending matter as long the witness is located in any federal jurisdiction.
Direct Legal Support, Inc. prepares and files out of state deposition subpoenas throughout the nation. Our firm has the experience and expertise on issuing out-of-state subpoenas for depositions and documents. Contact us by phone or email to arrange for your subpoenas to be issued and served.