When a case pending in one state needs to compel a witness located in another state to testify or produce documents, the out-of-state subpoena generally can't be enforced directly — it needs to be "domesticated," or converted into a valid subpoena under the witness's home state's procedure.
The Uniform Interstate Depositions and Discovery Act, adopted by the large majority of U.S. states, allows a subpoena to be domesticated through a simplified clerk's-office filing rather than a separate lawsuit, considerably speeding up interstate discovery.
In the handful of states that haven't adopted the UIDDA, compelling an out-of-state witness typically requires a more traditional discovery-commission process, often involving local counsel in that state. We know which states fall into this category and handle the additional steps required.
We handle the domestication filing itself, coordinate service of the domesticated subpoena on the witness, and track compliance deadlines — so your litigation team has one point of contact for the entire interstate discovery process.
Common Questions
The Uniform Interstate Depositions and Discovery Act is a model law, adopted by most U.S. states, that simplifies compelling an out-of-state witness to testify or produce documents by allowing subpoena domestication through the local clerk's office.
A more traditional, more involved discovery-commission procedure applies instead, generally requiring coordination with local counsel in that state.
In UIDDA states, domestication itself is often completed within days to a couple of weeks. Non-UIDDA states typically take longer given the more involved procedure required.