Can You Subpoena Someone Out of State?

Sometimes, you may require specific testimony or documents from someone in another state to support your claim in court. In that case, you will have to serve an out-of-state subpoena to the person, compelling them to testify as a witness or to release the document you need.

Generally, out-of-state subpoenas are quite complex and require the involvement of the trial-level courts in both states. From the preparation of the subpoena to its service, utmost care must be taken, or else the subpoena may be rejected on various grounds.

On-Call Legal Process Servers is the most reliable option for expert nationwide services of process. Irrespective of the location, our team of registered and licensed process servers will carefully handle and deliver sensitive documents and materials for your court case in less than 24 hours. We also stay compliant with all applicable state-specific legal requirements while serving out-of-state subpoenas. Contact us for a free consultation today!

This article will guide you through the legal framework for out-of-state subpoenas, service of process, and enforcement mechanisms. We’ll also discuss strategies for compliance and addressing potential objections.

Can You Subpoena Someone Out-of-State?

Yes, you can subpoena someone out of state for witness testimony, deposition, or documents. The US legal process allows for the service of subpoenas across state lines, irrespective of whether the case is tried in a federal or state court.

The exact process of an out-of-state subpoena depends on whether both the trial and discovery states have adopted the Uniform Interstate Depositions and Discovery Act (UIDDA). If both states have adopted the UIDDA, you can subpoena anyone by simply sending the prepared legal document to the trial-level court clerk in the discovery state.

You are to send it alongside a check for the appropriate filing fee and any motion obtained from your state court’s clerk. When received, the discovery state clerk will domesticate and reissue the subpoena to the recipient under the aegis of their court.

The next step is for a local process server to deliver the document to the recipient. The process is completely different if either the discovery or trial state is from Missouri, Massachusetts, or New Hampshire.

These are the only three states, in addition to Puerto Rico, that haven’t adopted the Uniform Act. In that case, you will have to involve the clerk of both courts and may even have to obtain local counsel or be admitted pro hac vice in the other state. That’s in addition to obtaining a letter rogatory and a court order in the trial state court, depending on your intent for the subpoena.

Generally, issuing an out-of-state subpoena is a daunting task and equally a time-consuming process. You can ensure compliance and avoid potential legal issues by consulting with an attorney who specializes in civil procedure and interstate legal proceedings. Understanding the complexities and consequences of federal and state laws is also essential to navigate the process successfully. 

Can You Subpoena an Out-of-State Witness? 

Yes, you can subpoena an out-of-state witness to testify in court or partake in a deposition through the UIDDA Uniform Act. They may voluntarily travel to the trial state if they are not a hostile witness. In that case, courtesy demands you handle their logistics and pay them the daily witness fee of $40 plus an additional $0.70 for every mile they cover.

This fee is for federal cases; the rates differ for state cases, depending on the state involved. If, on the contrary, they refuse to cooperate, you may file a motion in the discovery stage to compel travel. This motion can easily be rejected, in which case you may resort to remote testimony under the approval of the trial state court.

Generally, anyone issued a subpoena for a local or out-of-state case must be given a significant time to prepare for either the disposition or court appearance. This must be taken into cognizance when preparing the subpoena.

In the same vein, you can also send a foreign subpoena to a US citizen living in another country to appear as a witness. This can be quite complex because the local court of the witness may not have the jurisdiction to enforce such a subpoena. It boils down to your convincing prowess and the level of interest the witness has in the case.

Can I Subpoena Someone for Remote Testimony if They Are Out-of-State?​

Yes, it’s possible to subpoena someone for testimony remotely if they are out of state. However, the specific rules and procedures for doing so can vary depending on your case’s jurisdiction and specific circumstances. Federal courts allow remote testimony under certain circumstances, particularly in civil cases.

On the other hand, a defendant may reject remote testimonies in a criminal case based on their 6th Amendment rights to confront their accuser. In addition to this, remote testimony has other limitations and challenges related to authentication, security, and susceptibility to fraud through technologies like artificial intelligence (AI) Deep Fake. 

Therefore, it’s essential to carefully consider the specific circumstances of your case and consult with legal counsel to determine the best approach. This consideration can help you obtain remote testimony from an out-of-state witness.

The Legal Framework for Out-of-State Subpoenas

Rule 45 of the Federal Rules of Civil Procedure allows federal courts to issue subpoenas to individuals and entities to provide testimonies or documents required for court cases. However, this does not apply to state courts.

In 2007, the Uniform Law Commission introduced the Uniform Interstate Deposition and Discovery Act (UIDDA) to obtain discovery and provide testimony seamlessly across state lines.

Most of the fifty states and territories in the US, including California, Alaska, North Dakota, New York, and Illinois, adopted it. After a while, other states, such as Texas and Connecticut, followed suit in 2023 and 2022, respectively.

As of 2025, only Missouri, Massachusetts, New Hampshire, and Puerto Rico have yet to be onboarded. The Uniform Interstate Depositions and Discovery Act complies with the Federal Rules of Civil Procedure 45 to create a streamlined legal system for out-of-state subpoenas. 

Compared to state-specific laws, Lawyers find UIDDA’s procedures easier to follow when they need out-of-state witness testimonies or documents for civil or criminal proceedings. Missouri and Massachusetts have introduced the UIDDA bill to their legislature, but have yet to enact it.

On the other hand, New Hampshire and Puerto Rico have yet to commence any official legislative proceedings toward incorporating the Uniform Act into their court system. As such, the four of them currently use their own laws for all forms of subpoenas.

Essential Considerations for Subpoenaing Someone Out-of-State

To subpoena someone out of state, some upfront considerations can make the process successful. They include the following:

Jurisdictions

You need to verify that the court has the authority to issue the subpoena or to compel the person or entity to produce documents. This legal action is mostly based on the concept of “minimum contacts.” This means that the person or entity must have sufficient connections to the discovery state.

A person who does business in the state, owns property there, or causes harm within the state’s borders already meets the “minimum contacts” requirement.

Proper Service of Process

The service of process must comply with the state’s laws where the service is taking place to avoid rendering the subpoena invalid. Common process serving methods include personal service, certified mail, email service, substitute service, and publication. Consult with the local court clerk or other local legal professionals to know the right one to use.

Witness Fees and Expenses

Federal Rule 45 stipulates that witnesses must be paid a daily appearance fee of $40 and $0.70 per mile covered as transport reimbursement. However, this is for federal cases. California and New York witness fees for state cases are $35 and $15, respectively, while several other states fall within this range. You may go the extra mile to handle the witnesses’ hotel and flight bills to persuade them to cooperate.

Protective Orders

If the subpoena seeks sensitive or confidential information, the recipient may request a protective order from the court. This order can restrict access to certain information or impose confidentiality obligations on the parties involved.

Usually, the recipient bears the burden of demonstrating the need for a protective order. They must show that the information is highly sensitive and that its disclosure would cause harm. Also, they can convince the court that there are less intrusive ways to obtain the necessary information.

Enforcement Mechanisms 

The court can take various enforcement actions if the recipient fails to comply with the subpoena. The court can hold the recipient in contempt, resulting in fines or imprisonment. In civil cases, the court can enter a default judgment against the non-compliant party with significant legal consequences or impose one or more sanctions.

How to Issue an Out-of-State Subpoena Under UIDDA

For successful out-of-state subpoenas, the Uniform Interstate Depositions and Discovery Act requires compliance with the issuing and discovery states. Here is the process involved: 

1. Confirm UIDDA Adoption

First, you need to verify whether the trial and the discovery state have already adopted the UIDDA. You can confirm this by a simple online search on the Discovery Act website. As mentioned earlier, every state and territory in the US, except the four outlined above, has adopted this system. 

2. Prepare Your Subpoena

Draft a standard subpoena addressed to the right individual or entity, capturing all the necessary information. It must include the parties’ names, the case index number, the trial court in which the case is filed, and detailed information about the required testimony or legal document. Also, the format and content of the subpoena must comply with any specific requirements of the trial state.

3. Contact the Court Clerk in the Discovery State

Finding the appropriate court in the discovery state where the subpoena will be domesticated is important. This is often the trial-level court in the county or district where the evidence or witnesses are located. Different states have their own names for these courts. But it’s typically the District Court, Circuit Court, Superior Court, and Court of Common Pleas. In New York, it’s called the Supreme Court.

Whichever name the trial court goes by in the state, find the nearest one to the witness or evidence, and contact the clerk about the specific procedures and forms to file. Also, check the fees or other requirements for submitting an out-of-state subpoena under the UIDDA, including the presentation style and any accompanying documentation.

4. Complete the Required Forms and Submit the Subpoena

If the discovery state requires any form as part of their subpoena process, file and complete it as directed by the court clerk. Then submit them alongside the subpoena, the filing or processing fee, and any other relevant documentation.

Remember, the subpoena must comply with the formatting and content requirements of the originating state. Depending on the court’s policies, you can submit the subpoena via mail or in person to the court clerk.

5. Get the Domesticated Subpoena

Upon receipt, the court clerk in the discovery state will review your submission and, if everything is in order, issue a domesticated subpoena that is valid within its jurisdiction. Make sure that the domesticated subpoena accurately reflects the original subpoena’s demands and complies with local rules.

6. Serve the Subpoena

Serve the domesticated subpoena to the intended recipient following the discovery state’s rules for service. The best way to stay compliant here is by hiring a professional process server or sheriff in the discovery state.

7. Compliance and Enforcement 

The recipient of the subpoena may either comply, object, or move to quash the subpoena. You should be ready to address any legal objections through the court in the discovery state. In such problematic cases, you can engage in further legal proceedings in the discovery state, and even hiring a local counsel will be the next strategy.

What Happens if a Witness Refuses to Comply with an Out-of-State Subpoena?​

If a person or entity fails to comply with an out-of-state subpoena, they may be held in contempt. This is in accordance with the provisions of UIDDA or Rule 45 of the Federal Rules of Civil Procedure, depending on the nature of the case. However, objections and motions to quash are not equal to non-compliance.

In the case of foreign subpoenas, the recipient may leverage loopholes in the existence or absence of applicable international treaties as the basis for non-compliance. Generally, if a witness refuses to comply with a subpoena, the attorney can take several actions to enforce compliance. Here are some common approaches:

• Motion to Compel: The issuing party can file a motion to compel the witness to comply. The court will schedule a hearing to consider the motion against the witness. If the court grants the motion, it will issue an order compelling the witness to comply. Then, any failure to comply with the court’s order can result in sanctions, fines, or imprisonment.

• Contempt of Court: If the witness refuses to comply with the court’s order, they can be held in contempt of court. Contempt of court can also result in fines, imprisonment, or other penalties. If the witness is in a different state, the issuing state may seek extradition to compel their appearance in court.

• Seek Assistance from the Delivery State: The subpoena-issuing court can send a letter rogatory to the court in the state where the witness resides. The letter is to request their assistance in enforcing the subpoena. If the witness is in a foreign country, international cooperation may be necessary to enforce the subpoena.

• Alternative Dispute Resolution: Sometimes, mediation or negotiation can help resolve disputes and obtain compliance. The specific procedures for enforcing out-of-state subpoenas can vary from state to state. So, you need different techniques and resources in every state. You can try alternative dispute resolution strategies to solve the issue fast.

How Can I Ensure That an Out-of-State Subpoena Is Enforceable?

Successfully subpoenaing out-of-state under the UIDDA requires careful planning and attention to detail. Here are some strategies to increase your chances of success:

Familiarize Yourself With Jurisdictional Rules

If both the issuing and discovery states have adopted the UIDDA, you can familiarize yourself with its procedures to make the subpoena process easier. For non-UIDDA states with their own rules, research the specific requirements for the discovery state’s civil procedure. Also, ensure your subpoena meets the formatting and content requirements of the discovery state to avoid rejection or delays.

Draft a Clear and Specific Subpoena

The subpoena should clearly state the specific documents or testimony you require to avoid confusion and potential challenges. Be as detailed as possible to minimize the risk of objections. Also, reasonable deadlines for compliance should be set, considering factors such as the complexity of the request and the distance the recipient may need to travel.

Hire a Reliable Professional Process Server

You should hire a reputable process server experienced in serving out-of-state subpoenas. Also, ensure they are familiar with the specific rules and regulations of the state where the subpoena will be served. This may involve personal service, certified mail, or other methods.

On-Call Legal Process Servers have mastered all the necessary strategies for serving an out-of-state subpoena. We streamline the process with accuracy in both states. After an accurate serving process, you can obtain detailed proof of service, an affidavit of service, or a return receipt. This documentation will be crucial if there are any challenges to the subpoena’s validity.

Legal Compliance and Active Negotiation 

For legal compliance, keep track of deadlines and follow up with the recipient if necessary. If the recipient fails to comply, be prepared to take appropriate enforcement actions. You can consider filing a motion to compel the witness or seeking a court order. As such, you may have to hire a local attorney in the discovery state’s legal system.

They can represent your interests effectively if any issues arise requiring court hearings. Alternatively, mediation or negotiation can help resolve disputes and obtain compliance. These can increase the likelihood of successfully serving and enforcing subpoenas for out-of-state individuals and entities.

Work With an Appropriate Budget

Subpoenaing out-of-state is costly, and you should calculate the costs involved in the process to draw an appropriate budget. This includes process server fees, potential attorney fees for local counsel, witness fees, and court costs. To avoid unexpected expenses, analyze the importance and potential impact of the subpoenaed information against the costs and time involved in obtaining it.

Are There Costs Associated With Out-of-State Subpoenas?​

Yes, to issue a subpoena out of state involves significant costs, which we can summarize as follows:

A. Process Server Fees: The cost of hiring a professional process server depends mainly on the distance they may travel, the service’s complexity, and the state’s specific requirements.

B. Court Fees: Most states charge court or subpoena filing fees for every out-of-state subpoena the clerk receives. This fee isn’t fixed and varies from one state to another. For instance, a subpoena in Washington attracts a filing and issuance fee of $240 and $50, respectively, while California charges only $45.

C. Witness Fees and Expenses: If the subpoena requires a witness to travel to testify, the issuing party may be responsible for reimbursements. The witness’s travel expenses typically include airfare, lodging, and mileage rates.

The witness may also be entitled to reimbursement for meals and other reasonable expenses incurred during the trip. Many jurisdictions require the payment of witness fees to compensate the witness for their time and effort. Usually, witnesses in federal cases get up to $40 per court appearance.

D. Legal Fees: Legal fees can be substantial if you need legal assistance to draft the subpoena, file motions, or handle any disputes. If expert witnesses are needed to testify, their fees can add significantly to the overall cost. Notably, such witnesses typically charge $300 to $1000 for their testimony.

Need a Professional Process Server for an Out-of-State Subpoena?

As you’ve seen, you can subpoena out-of-state witnesses for civil trials or even criminal proceedings. However, enforcing it can be quite complex. This is why the Uniform Law Commission introduced the UIDDA to standardize the process. However, standardization has not completely eroded the complexity of the process, especially when the subpoena involves motions and court orders.

Another pain point is the disparity in the procedures for serving out-of-state subpoenas. This is the main reason you should work with only professional process servers who understand the nitty-gritty and unique legal landscape of the location where the evidence or witness is located.

On-Call Legal Process Servers is your go-to for efficient and compliant legal process serving nationwide. With our same-day delivery, your out-of-state subpoena will arrive quickly, ensuring timely legal proceedings. Most importantly, our expert team of process servers provides speed without compromising accuracy. Book a free consultation today!

FAQ

What’s Next After Issuing an Out-of-State Subpoena?

After you’ve issued an out-of-state subpoena, get a Proof of Service from the process server confirming it was delivered to the correct party on a specific date and time. Then the next step is enforcement. The recipient may either comply, object, or move to quash the subpoena. Whichever the case, you may be ready to take the appropriate action.

If they comply, they should honor the scheduled deposition or appear in court as stipulated. However, if they move to quash the subpoena, you may have to hire local counsel or be admitted pro hac vice to challenge their motion. Finally, any other objections should be analyzed constructively with your team to find the best resolution.

What to Do if You Are Subpoenaed Out of State

The first thing to do if you’re subpoenaed is to contact your lawyer. They will explain to you the true implications of your involvement in the case and advise you on whether to quash it or comply. They will also explain your rights, obligations, and consequences of perjury should you decide to honor the subpoena.

Whichever decision you make, you cannot ignore a subpoena. If you choose to comply, negotiate with the requesting counsel on the suitable dates and times for the deposition, witness testimony, or provision of documents. In addition, keep records of all communications and expenses involved.

Can I Ignore a Subpoena From Another State? 

No, you cannot. Ignoring an out-of-state subpoena, especially one that has been properly domesticated, can result in penalties such as fines, sanctions, imprisonment, or you may be held in contempt of the court. It is advisable to always respond promptly to subpoenas and consult your lawyer.

Can I Be Subpoenaed Out-of-State?

Yes, you can be subpoenaed out of state as a witness for a civil trial. However, most states have their own unique rules for handling subpoenas. Consult your attorney to be sure the subpoena is valid before responding to it. 

Are Subpoenas Enforceable in Other States?

Yes, subpoenas are enforceable in other states, but on the condition that all legal procedures in the discovery state are duly followed. Once the clerk of the discovery state court receives the subpoena, it must be domesticated before being served to the recipient. It becomes enforceable once this is done.

What Is the Distance Limit for a Subpoena?

Under the Federal Rule of Civil Procedure (FRCP) Rule 45c, a subpoena can only demand the presence of a person if the distance between the trial court is not more than 100 miles from the person’s place of residence, workplace, or where they do in-person business transactions.

While many states follow the 100-mile federal standard, states like Texas and California have a limit of 150 miles and 75 miles, respectively. However, a party to the case or a company officer may be required to travel farther.

Can a Subpoena Be Served Anywhere?

According to FRCP 45 (b)(2), a federal subpoena can be served anywhere in the US, but the person can only be compelled to appear, testify, or produce documents within 100 miles of where they live, work, or do business. For state cases, the laws of both states will determine the distance limit.

On the other hand, a foreign witness or entity outside the US can only be served an enforceable subpoena if it aligns with international legal procedures under the Hague Convention. The issuing court may also use letters rogatory to ensure compliance.

What Does It Mean to Domesticate an Out-of-State Subpoena?

To domesticate an out-of-state subpoena means that the court clerk of the compliance state must reissue the received subpoena in accordance with the local court rules. It makes the subpoena legally binding and enforceable in the state.