Jan 09

Interstate Depositions and Discovery Act

As of January 2018, 38 states have adopted or adapted the Interstate Depositions and Discovery Act.  You can follow the progress here:


Map of states adopting the IDDA


Although many states have enacted court rules or laws to facilitate the process of issuing a subpoena for use in another state, application of the law often takes a while.  Because of the procedure is seldom employed and somewhat obscure, many court clerks and judges operate under obsolete and repealed laws.  Furthermore, many state rules permit a local court to issue subpoenas in accordance with local custom, resulting in a disparate application of the procedural requirements, even between counties within the same state.


Our office checks with each jurisdiction to verify what each court requires before we handle your assignment.


Jan 19

2015 Overview of Issuing Out-of-State Subpoenas

Compelling an Out-of-State Non-Party Witness to Give Testimony or Produce Records at a Deposition can be a daunting task.  Our updated booklet has been written to provide the reader with an overview of how this is done.


The material contained in this booklet was initially written by Interstate Deposition Subpoena Service, Inc. as part of its procedural manuals distributed to its employees to better enable them to assist clients when called upon to issue and serve out-of-state subpoenas.  With increasing frequency, our company has been asked by clients, and affiliated legal support service providers, for a written guide on how to compel a non-party witness to appear at a deposition, or produce records, in another state, and how to obtain out-of-state subpoenas.  As a result, this procedural manual has been reformatted into a booklet for use by our clients and network affiliates.

There are two phases involved when seeking to obtain an out-of-state subpoena to compel a non-party witness to appear at a deposition, or produce records, in a foreign jurisdiction.  The first phase, is to comply with trial state rules pertaining to conducting depositions outside of that jurisdiction. The second phase, is to apply to the deposition state court for the issuance of a foreign subpoena to compel a witness within its jurisdiction to appear at a deposition, or produce records.  Knowledge of the relevant deposition state court rules, statutes, and procedures is imperative.

This booklet provides an overview of the procedures, terms, and phrases generally applicable when seeking to obtain out-of-state depositions subpoenas.  State specific booklets are available at StateForeignSubpoenaBooklets.

Interstate Deposition Subpoena Service, Inc. is a Newark, NJ based company dedicated to the focused mission of assisting legal practitioners with the proper issuance and service of foreign deposition subpoenas in any state jurisdiction throughout the United States of America. The reader is invited to visit www.InterstateDeposition.com for information about our company, and the services we provide.

See  Out-of-State_Subpoenas for free copy of 2015 Overview of Issuing Out-of-State Subpoenas.

Nov 03

New Jersey Supreme Court Adopts Uniform Interstate Deposition & Discovery Act

by John Perez, Esq.

Effective September 1, 2014, New Jersey will join the ranks of a majority the states that have simplified the procedure for issuing foreign deposition subpoenas consistent with the Uniform Interstate Deposition and Discovery Act (UIDDA).

The New Jersey Supreme Court has amended Rule 4:11-4 to provide a new section, R. 4:11-4(b), incorporating the concept of the UIDDA, while at the same time retaining R. 4:11-4(a) that provided for obtaining foreign deposition subpoenas by petition to, and Order from, the Court. Amended R. 4:11-4 is attached.

The Uniform Law Commission, formerly the National Council of Commissioners on Uniforms State Laws (NCCUSL), promulgated the UIDDA in 2007. The Act sets forth an efficient and inexpensive procedure for litigants to depose out-of-state individuals, and for the production of discoverable materials that may be located out-of-state. Uniform procedures have become necessary, as the amount of litigation involving individuals and documents located outside of the trial state has increased. Since then, 31 states have adopted the UIDDA, some verbatim, others with variations in their wording.

Under the UIDDA, litigants can present to a clerk of the court located in the state where discoverable materials are sought with a subpoena issued by a court in the trial state. Once the clerk receives the foreign subpoena, the clerk will issue a subpoena for service upon the person or entity on which the original subpoena is directed. The terms of the issued subpoena must incorporate the same terms as the original subpoena and contain the contact information for all counsel of record and any party not represented by counsel.

The Act requires minimal judicial oversight and eliminates the need for obtaining a commission or local counsel in the discovery state, letters rogatory, or the filing of a miscellaneous action during the discovery phase of litigation. Discovery authorized by the subpoena is to comply with the rules of state in which it occurs. Furthermore, motions to quash, enforce, or modify a subpoena issued pursuant to the Act shall be brought in and governed by the rules the discovery state.

New Jersey R. 4:11-4(b) incorporates this concept and provides, additionally, that not only the clerk of Superior Court in the county where the discovery is to take place may issue the foreign subpoena, but also an attorney licensed to practice law in the State. Thus, an out-of-state litigant has two choices; file the request(s) with the clerk of court in the appropriate county, and pay filing fees, or have a New Jersey attorney prepare and issue the subpoena(s). Service of subpoenas, in either case, would be arranged through local process servers.

Interstate Deposition Subpoena Service, Inc., based in Newark, NJ and San Francisco, CA, has been assisting litigants throughout the United States in the proper issuance and service of foreign deposition subpoenas in all jurisdictions. We are available to continue doing so, not only in New Jersey, but in all jurisdictions throughout the US.

See InterstateDeposition.com for our services summary, or call (800) 981-0088.

Sep 05

What you’re going to need to prepare, file, issue, and serve an out-of-state deposition subpoena

To start the process you’ll need:

  • Issued commission by trial court directing public official to act (Court Reporter or Notary Public to Administer Oath)
  • Issued trial court subpoena to witness with date, time, and deposition certain
  • Original or file endorsed copy of Notice of Deposition with proof of service on opposition counsel
  • Order authorizing out-of-state deposition or letter rogatory
  • Determine what documents are required from trial state and deposition state
  • Retain local counsel
  • Arrange for a court reporter and conference room
  • Locate witness
  • Locate the proper court
  • Pro hac vice application to appear in foreign court to enforce subpoena or defend a motion to quash
  • Determine court fees
  • Determine witness fees
  • Arrange for process server or sheriff
  • Determine proper service fees
  • Schedule deposition for timely service
  • Determine whether there are special restrictions to depose witness


Let us do it!