Occasionally, process servers are tasked with serving an individual across state lines, which in legal lingo, requires them to domesticate a foreign subpoena. This may occur where a witness or party to a case has moved or simply resides in another state from where the case is being heard in court. The “foreign” aspect simply refers to a different court outside of the state (it does not necessarily mean an international case). As all process servers know, state laws can vary wildly between states. How does a server legally serve someone in another state?
Luckily, for most states, there is a simple process for domesticating a foreign subpoena, which essentially means you are able to effectuate service across state lines in a legal manner. Keep reading to learn how lawyers can obtain an out of state subpoena for process servers. Don’t have time to read the article? Check out our video below that explains the process.
Obtaining a Foreign Deposition Subpoena with the Uniform International Deposition and Discovery Act (UIDD)
For the majority of states, the UIDD is a federal law that has been adopted to help expedite and simplify the process of domesticating a foreign subpoena. For the UIDD to apply, both the court case and the individual to be subpoenaed must be in states that have adopted the Act.
You can check to see if the states involved in your case are part of the UIDD by visiting the Uniform Law Commission’s website, which tracks legislation with regard to the UIDD. Recently in 2019, Rhode Island, Florida, and Maine passed legislation enacting the UIDD, which means they are now part of the network of states that allow the more efficient and streamlined process of getting an out-of-state individual served. On February 25, 2020, Missouri Bill HB 2570 was introduced, though it had not yet been enacted into law at the time of publication. It is proposed to go into effect in August 2020 if passed.
For states that participate in the UIDD Act, the process of domesticating foreign subpoenas is relatively easy. First, the standard subpoena must be completed for the individual to be subpoenaed just as it would normally be done if they lived in the same state. The process server would then need to go to the clerk in the state in which the individual to be subpoenaed resides; the clerk would in turn issue a subpoena that follows the rules of that state/court that can be served.
Domesticating Foreign Subpoenas in States Not Part of The Uniform International Deposition and Discovery Act (UIDD)
For states that have not adopted and therefore do not recognize the UIDD Act, the domestication of a foreign subpoena is a bit more complex. The first step is to approach the court in your state where the case is being heard for one of the following: a standard order from the court to take an out-of-state deposition, a commission to take out-of-state deposition (like this one, which is for California), a stipulation to take out-of-state deposition, or a letter rogatory. The court must approve this before you can move forward.
Then, you need to domesticate the subpoena. This involves requesting the subpoena to be issued from the out-of-state court, which, depending on the state, can be done through an application, filing a petition as a process server, providing additional documents to the court, or having an attorney file a petition. Depending on the state, this process can be extremely complicated or relatively simple — as all servers know, it all comes down to the laws of that particular state. Once the court approves this step, the subpoena is ready to be served.
The process does not end there, unfortunately. Next, the trial state and the process server must figure out who is authorized to serve the subpoena and what rules apply for service. Recall that some states and counties do not allow private process servers to serve legal documents (rather, the process is typically left to sheriffs or constables), and some states and/or counties have unique rules of service that must be followed.
At that point, the subpoena is ready to be served! Clearly, the UIDD Act helps streamline the process in a number of ways; however, it is not impossible to get it done in the states that do not recognize the UIDD Act.
Pay Attention to Changing Legislation
Aside from understanding how this process works, keeping updated with changing legislation is important as it can change processes and require new methods of getting things done. At Direct Legal, we work hard to ensure that we are current with the ever-evolving legislation surrounding civil process service.
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