What Is a Foreign Subpoena?

A foreign subpoena is a subpoena issued under authority of a court of record of a foreign jurisdiction, e.g., courts in another state or county.

“Pursuant to the Interstate and International Depositions and Discovery Act, a party to a proceeding in a foreign jurisdiction may obtain discovery in California by retaining a local attorney to issue a subpoena.” (Digital Music News, LLC v. Super. Ct. (2014) 226 Cal.App.4th 216, 223, citing Code of Civ. Proc., § 2029.350, disapproved on another ground in Williams v. Super. Ct. (2017) 3 Cal.5th 531, 557, fn. 8.) Additionally, a party may take a foreign subpoena to the clerk… (continue reading)

“There is no requirement in section 92.251, Florida Statutes, or in Rule 1.410 that a commission issued by a foreign court specify the date, time or place for the taking of the Florida resident's deposition.” (Reedy v. Safeco Insurance Company (1998) 721 So. 2d 803, 804.) “In CMI, Inc. v. Ulloa (2011) 73 So.3d 787, the fifth district held that…” (continue reading)

“[I]f any party to an out-of-state proceeding retains an attorney licensed to practice in [New York], and that attorney receives the original or a true copy of an out-of-state subpoena, the attorney may issue [the] subpoena.” (Civ. Prac. Law & Rules, § 3119(b)(4).) A “subpoena” shall refer to “a document, however denominated, issued under authority of a court of record requiring a person to…” (continue reading)

"Generally. A party may take a deposition on oral examination or written questions of any person or entity located in another state or a foreign country for use in proceedings in this State. The deposition may be taken by: (1) notice; (2) letter rogatory, letter of request, or other such device; (3) agreement of the parties; or (4) court order." (Tex. R. Civ. P. 201.1(a).) As a general rule, it is important to remember that the Texas courts do not… (continue reading)