Out-of-State Subpoena California

Enforcing a subpoena across state lines can be challenging when you need to obtain a testimony or get documents from people in different states. Each state has its own subpoena service rules, and understanding how to handle these jurisdictional differences helps make sure the subpoena is valid and enforceable.

In California, there are specific rules and steps that you must follow to serve an out-of-state subpoena, and not following them correctly can lead to delays or even rejection. Hence, you need to understand these rules to be sure you’ll obtain the evidence you need for your case.

On-Call Legal Process Servers is your go-to expert for all subpoena services in California and across the nation. With our same-day delivery, you can be sure your legal document gets to the recipient without delay. Schedule a free consultation with us to discuss your subpoena service and guide you throughout the process.

In this article, we’ll cover what an out-of-state subpoena is, the key legal requirements, the process for enforcing an out-of-state subpoena, and other important things you need to know.

What Is a Subpoena?

A subpoena is a legal document that requires the recipient (an individual or entity) to testify as a witness in a court case or produce certain specified documents. It is usually issued by a court or a government agency. The process of delivering a subpoena to the intended recipient is known as service of process, and your service of process must fulfill all the jurisdictional legal requirements to be considered valid. Failure to comply with the requirements can result in legal penalties, including fines or imprisonment for contempt of court.

There are two main types of subpoenas: subpoena ad testificandum and subpoena duces tecum. A subpoena ad testificandum compels a person to provide testimony, either in court or during a deposition. If you’re served this kind of subpoena, you must appear in person to give verbal evidence in the specified legal proceeding. On the other hand, a subpoena duces tecum requires you to produce specific documents, records, or evidence that pertains to a legal case. It may be used to request tangible items, such as contracts, emails, or medical records.

What Is an Out-of-State Subpoena?

An out-of-state subpoena, also known as a foreign subpoena, is a subpoena issued when a party to a lawsuit or legal proceeding in one state needs to obtain testimony or documents from a person or entity located in a different state. Since different states operate under their own legal jurisdictions, a court in one state does not have the authority to enforce a subpoena in another state. As such, you must follow a formal legal process to make the discovery subpoena recognized and enforced in the state where the witness or documents are located.

This process of issuing and enforcing out-of-state subpoenas is simplified by the Uniform Interstate Depositions and Discovery Act (UIDDA), which has been adopted by many states in the U.S. Under the UIDDA, you don’t need to open a new case or appear in court in the other state where the recipient is. Instead, the subpoena can be “domesticated,” which means it will be issued by a court in the receiving state and enforced according to that state’s laws. That way, the legal system makes sure that evidence can be gathered from different jurisdictions while maintaining the fairness and transparency of legal proceedings across different states.

When Is an Out-of-State Subpoena Needed?

You need to subpoena out-of-state when you need to serve a recipient that is not located in the state where the court case is held. Examples of such situations include cross-border disputes, subpoenaing a witness from another state, or document requests. For example, say you need to obtain testimony from a witness who lives in Texas for a civil lawsuit in California. A court in California cannot directly enforce its subpoenas in Texas, so you must request an out-of-state subpoena to compel the Texas witness to testify or provide evidence.

In many cases, important documents, records, or other physical evidence may be in the custody of a person or company in another state. For instance, a party to a lawsuit in Florida may need to obtain business records from a company headquartered in California. An out-of-state subpoena compels the person or entity to produce these documents so they can be used in the legal proceedings.

Especially in personal injury cases, such as car accidents or medical malpractice claims, medical records often play an important role in estimating the damages. However, the healthcare provider or hospital that holds these records may be located in a different state from where the lawsuit is filed. An out-of-state subpoena is necessary to compel the healthcare provider to release the records for review in the legal case.

Legal Framework for Out-of-State Subpoena in California

California adopted the Uniform Interstate Deposition and Discovery Act (UIDDA) in 2010. The UIDDA was developed by the National Conference of Commissioners on Uniform State Laws (NCCUSL) to simplify and standardize the process of issuing and enforcing subpoenas across state lines. Before its adoption, the process for enforcing out-of-state subpoenas was often complex, time-consuming, and differed widely between states. Each state had different procedures, usually involving filing motions, attending hearings, and potentially opening a new case just to enforce a subpoena in a different jurisdiction.

However, under the UIDDA, a party seeking discovery in another state no longer needs to open a separate legal action or attend court hearings in the state where the discovery is sought. Instead, you can present a valid subpoena from your home state to a court clerk in the other state, who will then issue a local subpoena that can be enforced in that state.

Hence, with California’s adoption of the UIDDA, the process has become more efficient and consistent. The adoption has reduced the burden on litigants and made the discovery process smoother, even in cases that involve parties, witnesses, or documents located in multiple states.

Key Provisions of the UIDDA as Implemented in California

California’s version of the Uniform Interstate Depositions and Discovery Act (UIDDA) is codified under the California Code of Civil Procedure, Sections 2029.100 to 2029.900. The act provides guidelines on how to submit, issue, serve, enforce, and object an out-of-state subpoena. To serve someone in California a subpoena from another state, you must first obtain a valid subpoena from the court where the legal action is taking place (known as the “home state”). Then, you submit the foreign subpoena to the clerk of the superior court in the California county where you seek discovery. The submission does not require a motion or court appearance.

As soon as the clerk of the court receives the out-of-state subpoena, the clerk will issue a California subpoena for service. The California subpoena must incorporate the same terms used in the foreign subpoena, such as the scope of the documents requested or the details of the deposition, but must align with California’s procedural rules regarding discovery and service of process. Additionally, it must contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

One of the key benefits of incorporating the UIDDA is that it eliminates the need for out-of-state attorneys to hire local counsel or to be admitted to practice in California to request the subpoena. The requesting party’s attorney does not need to appear in California court, as the issuance of the subpoena is handled administratively by the court clerk.

After the California subpoena is issued, it is subject to California’s rules for enforcement, discovery disputes, and compliance. If the intended recipient refuses to comply, you can file a motion to compel them to comply, in the appropriate California court. The California court has the authority to enforce the subpoena through its usual legal mechanisms, such as imposing sanctions or holding the non-compliant party in contempt of court.

You must serve the California subpoena according to California’s subpoena service rules. Generally, this means that the service must follow the same rules that would apply if the subpoena were originally issued in California. If the recipient of the California subpoena wishes to object to the scope or terms of the subpoena, they may do so by filing a motion for insufficient service of process or for a protective order in the California court that issued the subpoena. Similarly, any disputes over the subpoena, such as whether the request is overly broad or burdensome, will be resolved according to California’s discovery laws, ensuring fairness for the party subject to the subpoena.

Essential Requirements and Documentation For an Out-of-State Subpoena

There are various important requirements and documentation you must fulfill when serving an out-of-state subpoena to guarantee that the process complies with both California’s rules and the UIDDA. Let’s look into these considerations in more detail.

1. Specific Documents Needed for Out-of-State Subpoena

The most important document you need to start the process of enforcing an out-of-state subpoena in California is the original subpoena issued by the court in the state where the legal proceeding is taking place (the “home state”). You must draft this subpoena properly and it must be legally binding in the home state. It must clearly state the specific request, whether it involves compelling a witness to testify or producing documents.

When you get the original subpoena from the home state, you must submit a formal request for the issuance of a California subpoena to the clerk of the appropriate superior court in California. Be sure to attach the original subpoena and specify that it is being made under California’s adoption of the UIDDA. 

In some cases, you may need to provide a supporting affidavit or declaration. The affidavit provides details about the legal case involved and confirms that the subpoena issued by the home state is valid and enforceable. The aim of the affidavit is to ascertain that the California court understands the context of the request and also to verify that the subpoena complies with applicable laws. It may also provide further reasons why the subpoenaed party’s testimony or documents are necessary for the legal proceeding.

The party requesting the out-of-state subpoena should prepare a California subpoena that reflects the terms of the original out-of-state subpoena. This document will be submitted to the California court, and it will be issued by the clerk once the request is approved. The California subpoena should include the same instructions and details as the out-of-state subpoena, but must be formatted according to California’s rules.

2. Jurisdictional Requirements and Applicable Court Rules

To properly issue and enforce an out-of-state subpoena in California, there are certain jurisdictional requirements and court rules you must follow. Recall that California courts only have jurisdiction over individuals or entities physically located within the state. Therefore, the subpoena can only compel individuals residing or companies operating within California to comply with the subpoena requests.

Note that the out-of-state subpoena must first be domesticated in the California county where the discovery is sought. The domestication process is initiated by submitting the original out-of-state subpoena to the clerk of the superior court in the county where the witness or evidence is located.

Although the case is being litigated out of state, California’s local court rules and subpoena procedures still determine how the subpoena is enforced. This includes requirements that have to do with timelines, rules on objections, limits on the scope of testimony or documents, and provisions for protective orders if the scope of the subpoena is disputed.

One of the advantages of the UIDDA is that there is no need for a formal court appearance or for the out-of-state party’s attorney to hire local counsel in California. The process is largely administrative, handled by the court clerk, provided the original subpoena is valid, and the discovery request conforms to California’s laws. This streamlines the process and saves the requesting party the time and cost of engaging in additional legal proceedings in California.

The Process for Enforcing an Out-of-State Subpoena in California

When you need to subpoena someone in California for a legal case in another state, you must follow a legal process to enforce the subpoena in California. Here, we’ve provided a simple step-by-step guide to guide you through the process.

1. The first step is to get a valid subpoena from the home state where your legal case is taking place. Make sure you clearly specify the testimony or documents you need.
2. Next, you identify the right California court which has jurisdiction over the subpoenaed person, because only the court in that area can enforce the subpoena. This is usually the court in the California county where the person or business you want to subpoena is located.
3. When you get the original subpoena from your home state, you need to send it to the appropriate California court for domestication, a process where the California court will recognize the out-of-state subpoena. Alongside the original out-of-state subpoena, include any other paperwork that may be required to explain the case and why the subpoena is needed.
4. After you submit the documents, the California court will issue a California subpoena. This subpoena will include the same requests as your out-of-state subpoena, but it will be formatted to meet California’s legal rules. Once the California subpoena is issued, it becomes valid under California law, meaning the person or entity must comply.
5. The next step is to serve the subpoena, which means delivering it to the person or business in California through a process server. In California, the subpoena must be personally delivered, meaning it must be handed directly to the person. Who can be a process server depends on various factors, but people who are qualified to serve papers in California include a professional process server, a sheriff, or any adult who is not involved in the case. After the process service, you also need to provide proof of service to verify that the subpoena was served. 
6. Once the subpoena is served, the person or business must comply. This means they must appear for a deposition if asked to testify, or aid in the production of documents requested in the subpoena. However, the subpoena must give them enough time to respond, so you can’t expect them to comply right away if they need time to gather information.
7. If the person or business doesn’t comply with the subpoena, you can file a motion to enforce the subpoena in the California court. The motion asks the court to require the person or business to follow the subpoena. If they still refuse, the court can issue penalties or other legal consequences, such as fines or sanctions.
8. The person or business being subpoenaed can object to the subpoena if they think it’s too broad, difficult to comply with, or if it asks for protected information. They can file a motion to quash or a motion for a protective order in the California court. If they do, the court will review these objections and decide if the subpoena should be limited or enforced as is. If the subpoena is enforced, the person will appear for a deposition and give their testimony according to California law. If documents are requested, the person or business must provide them by the deadline and in the format specified in the subpoena.

Foreign Subpoena: Common Issues and Tips For a Smooth Service of Process

There are many challenges you may encounter while serving a foreign subpoena. To start with, each jurisdiction has its own rules, which can complicate the process of getting testimony or documents from someone located in a different region. To avoid these complications, you need to domesticate a subpoena in the state or country where the person or business is located. For example, if you need to enforce a subpoena in California, you must file it with a California court under the UIDDA or applicable international laws if it’s a foreign country. Once domesticated, the local court will have the power to enforce it.

Note that each jurisdiction has different rules regarding how legal documents like subpoenas must be served. If you don’t serve the subpoena according to the applicable jurisdictional rules, the recipient may have legal ground to challenge its validity. Make sure you follow the local rules for service of process in the jurisdiction where the subpoena is being enforced.

Furthermore, the person or business receiving the subpoena may try to avoid complying by raising objections, such as claiming the request is too broad, too burdensome, or irrelevant. To avoid such objections, make sure the subpoena specifically requests only the necessary information or testimony. If they raise objections, you can file a motion to compel in the local court, requesting the judge to enforce the subpoena. Nonetheless, be prepared to negotiate reasonable accommodations, such as limiting the scope of the request or extending deadlines.

Moreover, subpoenas may request information that is considered confidential or privileged, such as attorney-client communications, trade secrets, or medical records. In such cases, the recipient may cite confidentiality as the grounds for refusing to respond accordingly. The best way to tackle this is to understand the local laws governing confidentiality and privilege. In many cases, you can agree to a protective order to keep sensitive information confidential. Meanwhile, the court can also decide whether certain materials are privileged.

Another common challenge is an unreasonable timeframe for responding to the subpoena. It’s best to give the recipient enough time to gather the requested documents or prepare for testimony. Additionally, find out the local rules for reasonable response times, and be flexible with deadlines if necessary.

In addition, serving an out-of-state subpoena can be expensive, especially if it involves international service, travel for depositions, or collecting large amounts of documents. The recipient of the subpoena may also request compensation for their time and expenses. For example, in the U.S., you may be required to pay witness fees or cover travel expenses for depositions. To manage this, plan ahead for these costs and be ready to cover reasonable expenses for the person or business being subpoenaed.

Need Help With a Foreign/Out-of-State Subpoena?

Serving an out-of-state subpoena requires a good understanding of the jurisdictional differences between the home state and the state where the intended recipient is. If you need a subpoena for a legal action pending outside California, you’ll need to get a subpoena from the home state and domesticate it by requesting that a superior court issue a subpoena having the same terms as the original subpoena. As long as you serve the domesticated subpoena according to California subpoena service rules, you should be able to obtain the evidence you need if the subpoena is valid.

Since serving a subpoena for an out-of-state case can be complex, it’s always recommended to hire a professional process server in California to be sure your subpoena is served appropriately. With our experience and expertise at On-Call Legal Process Servers, you can be sure your legal document is in the right hands. Schedule a free consultation with us to ensure a seamless and compliant service of process.

FAQ

Enforcing subpoenas across state lines can be confusing, especially when different states have their own legal process on out-of-state subpoenas. Here are quick answers to some common questions:

Can You Subpoena Someone Out of State?

Yes, but not directly. If you’re involved in a case in one state and need someone from another state to testify or provide records, you’ll have to follow that state’s rules. Most states, including California, require you to “domesticate” the subpoena first, making it legally enforceable in that state.

How to Domesticate a Subpoena in California?

To domesticate an out-of-state subpoena in California, you’ll need to submit the original subpoena to the appropriate superior court along with a completed Request for Issuance of Subpoena, following the Uniform Interstate Depositions and Discovery Act (UIDDA). The Judicial Council of California provides the required forms. In some counties, you may also need to file a civil case cover sheet to officially open a discovery matter. Once the subpoena is reissued by the California court, it has the same legal weight as a locally issued subpoena. Always check local court rules, because they can vary more than you’d expect.

Can I Ignore a Subpoena From Another State?

If you live in California and receive a subpoena from another state that hasn’t been domesticated here, you’re not legally obligated to respond. However, once the subpoena is properly domesticated in California, ignoring it could lead to legal penalties. Always check the details and talk to a legal professional if you’re unsure.