Interstate Subpoenas and Discovery

How the Uniform Act Works

Under the Uniform Interstate Depositions and Discovery Act, a party submits the subpoena from its own case to the clerk in the county where the discovery will happen. The clerk issues a local subpoena with the same terms, and that subpoena is served and enforced under local law. No local case has to be opened just to get the subpoena, and asking for it isn’t an appearance in the local courts.

California’s version is the Interstate and International Depositions and Discovery Act, CCP §§ 2029.100 to 2029.900, in effect since January 1, 2010. As the name says, it also covers subpoenas from foreign countries, not just other states (§ 2029.200).

A Case Elsewhere Needs Discovery in California

There are two ways to get the California subpoena:

• From the clerk (CCP § 2029.300). Submit the original foreign subpoena or a true and correct copy to the clerk of the superior court in the county where the discovery will take place, with the application on form SUBP-030 and the fee ($45 under Gov. Code § 70626). No civil case cover sheet is needed, and the clerk issues the subpoena promptly.
• From a California attorney (§ 2029.350). An active member of the California bar who is retained by a party can issue the subpoena after receiving the original or a true and correct copy of the foreign subpoena.

The California subpoena goes on the Judicial Council form that fits the request:

• Business records only: SUBP-035
• Testimony at a deposition: SUBP-040
• Testimony plus documents, electronically stored information, or things: SUBP-045
• Inspection of premises: SUBP-050

The subpoena has to carry over the terms of the foreign subpoena, list the names, addresses, and phone numbers of every attorney of record and unrepresented party, bear the caption and case number of the out-of-state case, and name the issuing court (§ 2029.300(d)). Compare every attachment with the original before filing, because a missing schedule or a changed date will send you back to the clerk.

California also refuses to issue these subpoenas in some cases, including ones based on another state’s laws that interfere with gender-affirming health care, and limits subpoenas for sensitive health information in foreign penal civil actions (§ 2029.300(e); § 2029.350(b), (c), as amended in 2025). Have the attorney screen any request that touches those areas.

Once Issued, California Rules Apply

The California subpoena has to be personally served under California law (CCP § 2029.400), and California’s discovery rules govern the deposition or production (§ 2029.500). That brings in the notice rules for consumer and employee records (§§ 1985.3, 1985.6), witness fees, and the minimum time before production. Incorporating the foreign subpoena’s terms doesn’t waive any of them. Our article on records subpoenas that stall walks through the notice and production timing.

Disputes go to the superior court in the county where the discovery is taking place, by a petition to enforce, quash, or modify the subpoena or for a protective order (§ 2029.600). That petition opens a California case with its own filing requirements, so the attorney handling objections should know the local rules.

A California Case Needs Discovery in Another State

A party, or a party’s officer, director, managing agent, or employee, can be deposed in another state on a deposition notice alone, at a place within 75 miles of the deponent’s home or business office (CCP § 2026.010(b)). Anyone else has to be compelled under the process “required and available under the laws of the state” where the deposition will be taken (§ 2026.010(c)).

In most states that means sending the California subpoena to the clerk in the county where the witness or records are, with that state’s form and fee. Florida, for example, has the clerk in the county where discovery is sought issue the local subpoena (Fla. Stat. § 92.251). A few states still use older procedures, and some ask for a commission. A California commission (form DISC-030) is issued by the clerk without a motion, and if the other state requires a court order, it can be obtained by ex parte application (§ 2026.010(f)).

Check the destination’s rules before setting a date: which clerk, which forms, the fees, how service works, the notices it requires, and whether a local attorney has to be involved. Depositions in other countries follow CCP § 2027.010 and often the Hague Evidence Convention, which is a different process.

Federal Cases Are Different

None of this applies to a case in federal court. Under Federal Rule of Civil Procedure 45, the subpoena is issued by the court where the action is pending and can be served anywhere in the United States, but compliance is generally limited to within 100 miles of where the witness lives, works, or regularly does business, and motions to quash or enforce go to the court where compliance is required. Our federal subpoena service covers subpoenas from any U.S. district court, served in California as issued.

What to Send Before the Deadline Gets Close

• the issued subpoena from your case, with every attachment
• the court, the full caption, and the case number
• names, addresses, and phone numbers for all counsel and any unrepresented parties
• the witness or custodian, a verified address, and the county where the discovery will happen
• what you need (testimony, records, or an inspection) and the dates you want
• any consumer or employee notices and their proofs of service
• the deposition officer or court reporter, and your discovery deadline

Allow time for issuance, the notice periods, service, and a possible objection. Direct Legal prepares and files out-of-state subpoenas in both directions: we set up the SUBP-030 application and California subpoena for cases pending elsewhere, advance the court fees, file with the clerk in the right county, and serve the witness, and we handle issuance and service in other states for California cases. Email the subpoena to rrorders@directlegal.com or call (213) 484-9000.

About This Article

Sources

• Code of Civil Procedure section 2029.300
• Code of Civil Procedure section 2029.350
• Code of Civil Procedure section 2029.500
• Code of Civil Procedure section 2029.600
• Code of Civil Procedure section 2026.010
• Government Code section 70626
• Judicial Council form SUBP-030, Application for Discovery Subpoena in Action Pending Outside California
• Judicial Council form SUBP-035, Subpoena for Production of Business Records in Action Pending Outside California
• Judicial Council form DISC-030, Commission to Take Deposition Outside California
• Federal Rule of Civil Procedure 45
• Florida Statutes section 92.251

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