If you're the plaintiff in a legal matter (the one who filed the lawsuit against another), you may find yourself needing to deal with out-of-state subpoenas, the first step of handling which is to "domesticate" the formal court orders.
In most cases, you may be able to domesticate subpoenas via the Uniform Interstate Depositions and Discovery Act (UIDDA). As shown in this map from the Uniform Law Commission, however, only 47 states have enacted UIDDA. Massachusetts, Missouri, and New Hampshire have only introduced it.
If you can't use the UIDDA process, your party may have to file a miscellaneous action, commission, or letters rogatory as part of the cross-state legal procedures for subpoenas.
What Are Subpoenas?
In a report published in March 2025, the Pew Charitable Trusts noted that state courts throughout the United States handle an incredible 66 million legal cases annually. Most are civil cases, while others are criminal in nature. Both, however, often require the issuance of subpoenas.
Subpoenas are formal and legally binding court orders. They mandate a person, party, or entity to appear in court and testify or produce documents or evidence at specific times and places.
If someone who received a subpoena fails to follow the instructions in the court order, they may face fines or contempt of court charges.
Subpoenas also come in different types.
Subpoena Ad Testificandum
Also called "witness subpoena," a subpoena ad testificandum compels an individual to appear in court at a specific time and a specific date. They must go under oath and provide an honest and factual oral testimony.
Subpoena Duces Tecum
Subpoena duces tecum, which is Latin for "bring with you," is a type of subpoena compelling one to produce specific physical evidence, documents, or records. They must present these at specified times and designated places, although most cases don't mandate personal appearance.
Deposition Subpoenas
Deposition subpoenas are court orders that compel individuals to appear at specific times and places to go under oath and answer questions before a court reporter.
The location of the deposition, however, is typically not in a courtroom. It could be:
- A court reporter's office
- A law office conference room
- A secure video conference room
What Do Out-Of-State Subpoenas Mean?
Also called "foreign subpoenas," out-of-state subpoenas are legal documents issued by a court in one state to a person, party, or entity in another state. The legally binding court order may require the recipient to do one or more of the following:
- Produce records
- Testify in court where the subpoena came from
- Sit for a deposition
One of the most crucial out-of-state subpoena compliance tips is to ensure the documents' validity through domestication. If not domesticated, they're technically not enforceable. Non-compliance with state jurisdiction rules for foreign subpoenas can lead to court contempt penalties and charges.
How Do You Handle Out-Of-State Subpoenas?
Before the enactment of the UIDDA, calling on individuals outside the borders of the trial's location was more complex than summoning parties living in the same state. With the UIDDA's inception, however, this procedure has become simpler, as explained by this Serve Index Florida subpoena help guide.
If you or your legal team needs to issue out-of-state subpoenas, these are the general steps to handling and navigating them.
Determining Jurisdiction
The first step to handling foreign subpoenas is determining the jurisdiction of the individual, party, or entity you'll be serving the subpoena to. Doing so allows you to confirm if their state has adopted the UIDD process, which simplifies the procedures.
If they're in MA, MO, or NH, however, you or your legal team would need to acquire and serve the subpoena in accordance with these states' specific laws.
Working With the Local Court Clerk
After determining jurisdiction, the next step is to work with the local court clerk in the subpoena recipient's judicial district. The latter refers to where the discovery will take place (where the subpoenaed individual, party, or entity resides, works, or transacts business in person).
Issuing the Domesticated Subpoena
The local court clerk will domesticate the out-of-state subpoena and issue a new subpoena. The new subpoena will be in compliance with the discovery state's specific rules.
Serving of the Process
The new, domesticated subpoena must undergo correct service of process in accordance with the discovery state's rules.
In this case, you and your legal team would likely need to use a local legal document service provider or process server. They specialize in interstate legal assistance, upholding the discovery state's service of process and ensuring compliance with all applicable local, state, and federal laws.
Frequently Asked Questions
Why Would You Need to Subpoena Someone Who Lives Out of State?
You or your legal team may need to navigate foreign subpoenas if you require the testimony of non-party witnesses who live in another state outside of the state where the lawsuit or trial is taking place. You may also need these court orders to compel organizations in another state to provide evidence.
A specific example of when out-of-state subpoenas are necessary is when witnesses who live in Florida have to appear in a deposition for a case filed in a California court.
Another example is if your case involves the need to obtain out-of-state medical records.
Suppose you're the plaintiff in a personal injury lawsuit filed in New York. However, you had to go to a hospital in New Jersey for treatment. In this case, you'd need to serve the hospital a subpoena duces tecum so they can provide copies of the medical documents you need.
Are Subpoenas Always Valid Anywhere?
While you can serve subpoenas anywhere in the U.S., you must still adhere to distance-related compliance rules, such as the Federal Rules of Civil Procedure, Rule 45 (FRCP 45).
Under FRCPA 45, a subpoena may only command a person to attend a trial, hearing, or deposition if the location is no more than 100 miles from where the subpoenaed person:
- Lives
- Works
- Regularly transacts business in person
Handle Out-Of-State Subpoenas Successfully
From determining jurisdiction to working with the discovery state's local court clerk, issuing the domesticated subpoena, and following correct service of process, these are all critical steps to navigating out-of-state subpoenas. Following them all ensures compliance with applicable state and federal laws.
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