Do you need to Domesticate and Serve an Out of State Subpoena in California pursuant to the Uniform Interstate Deposition and Discovery Act (UIDDA)?
Introduction: Domesticating a foreign subpoena in California, particularly at the Sacramento Superior Court, requires adherence to specific procedures.
This guide will walk you through each step, ensuring a smooth process.
Step 1: Obtain Necessary Documents
Before initiating the domestication process, ensure you have a copy of the foreign subpoena issued from the originating court. Documents to be filed with the California Superior Court under UIDDA in order to domesticate a foreign subpoena include:
To issue and serve a subpoena we need the following for each:
$45.00 filing fee.
Copy of the issued foreign subpoena from the other state.
Completed Application on the Mandatory Form, SUBP-030.
Completed Mandatory California Subpoena,
SUBP-035, SUBP-040, SUBP-045 or SUBP-050.A $15.00 witness fee is required at the time of service for all Production of Business Records subpoenas in California.
All Personal Appearance Subpoenas are entitled to witness fees in the state of California.
Step 2: Prepare Cover Letter
Craft a cover letter addressed to the Clerk of the Sacramento Superior Court. In this letter, clearly state your intention to domesticate the foreign subpoena. Include your contact information, such as your name, address, email, and phone number. Moreover, provide the case number of the foreign subpoena for reference. This cover letter serves as a formal request and ensures clarity in communication with the court.
Step 3: Submit Documents with Instructions.
Once you have completed forms and drafted the cover letter, it’s time to submit the documents with instructions to us. We will submit an online invoice to you to cover our fee as well as court fees and witness fees.
Step 4: Submit Documents
With all required paperwork in hand, we will submit the originals and copies of the documents to the Clerk of the Sacramento Superior Court.
Step 5: Serve The Documents
We will serve the documents to the required party which may include the $15.00 witness fee.
Conclusion: Domesticating a foreign subpoena in California, particularly at the Sacramento Superior Court, follows a structured process outlined by the court system. By diligently following each step outlined in this guide, you can navigate the process smoothly and ensure compliance with legal requirements.