In state court practice, obtaining discovery from an out-of-state person generally requires issuing a subpoena from a court in the discovery state, a process most states have simplified through the Uniform Interstate Depositions and Discovery Act.
Federal subpoenas issue from the court where the action is pending.
Alternative Names:
Foreign Subpoena, Interstate Subpoena
Why it Matters?
The federal and state mechanisms differ substantially, which trips practitioners moving between them. A federal subpoena issues from the action's court and is enforceable nationwide subject to geographic compliance limits, while a state court subpoena generally requires domestication in the discovery state. Building the extra time for domestication into the discovery schedule prevents deadline problems.
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How do federal and state practice differ?
What should be planned for?
