How Out-of-State Subpoenas Work in California: What Litigants and Clients Need to Know

Obtaining evidence from California for a lawsuit pending in another state is a common challenge for both attorneys and their clients. California’s approach to handling out-of-state subpoenas is clear, efficient, and accessible to anyone involved in multistate litigation.

The Legal Framework: California’s UIDDA

California’s process for out-of-state subpoenas is governed by the Interstate and International Depositions and Discovery Act, found in California Code of Civil Procedure §§ 2029.100–2029.900. This law, known as the UIDDA (Uniform Interstate Depositions and Discovery Act), streamlines the process for obtaining discovery from within the state for out-of-state cases.

The Step-by-Step Process

• Step 1: Submitting the Out-of-State Subpoena

Under California Code of Civil Procedure § 2029.300(a), a party seeking discovery must submit the original or a true and correct copy of the foreign subpoena to the clerk of the superior court in the county where discovery is sought. Importantly, this request does not constitute making an appearance in the California courts.

• Step 2: Filing the Application and Paying the Fee

Section 2029.300(b) requires the party to submit an application requesting that the superior court issue a subpoena with the same terms as the foreign subpoena, using a form prescribed by the Judicial Council pursuant to section 2029.390, and to pay the fee specified in Government Code section 70626. Once these requirements are met, subsection (c) instructs the clerk to promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

• Step 3: Judicial Council Forms and Fees

California Code of Civil Procedure § 2029.390 directs the Judicial Council to prepare the necessary application and subpoena forms, ensuring consistency and clarity throughout the process. The relevant filing fee is set by Government Code § 70626, which helps maintain transparency and predictability in the costs involved. While the exact fee may vary by county, it is typically in the range of $40–$60 for most applications.

• Alternative Step: Alternative Process for Those who Retain or Associate with California Attorneys

For clients who retain a California attorney or out-of-state attorneys who associate with a California attorney, there is an alternative process under California Code of Civil Procedure § 2029.350(a). This subsection allows a California-licensed attorney who receives the original or a true and correct copy of a foreign subpoena to issue a subpoena under this article, provided the attorney is an active member of the State Bar. The subpoena must incorporate the terms used in the foreign subpoena, contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record and any unrepresented party, bear the caption and case number of the out-of-state case, state the name of the superior court of the county in which discovery is to be conducted, and be on a form prescribed by the Judicial Council pursuant to section 2029.390. Notably, subsections (b) and (c) impose restrictions related to subpoenas seeking information about gender-affirming health care or sensitive services, reflecting California’s public policy protections.

Serving the Subpoena and Handling Disputes

Serving the Subpoena

Once a subpoena is issued, California Code of Civil Procedure § 2029.400 requires that it be personally served in compliance with California law. This means delivering the subpoena directly to the individual or to an authorized agent for a business.

Applicable Laws and Rules

Section 2029.500 clarifies that California’s laws and court rules governing depositions, production of documents, inspection of premises, payment of court costs, and sanctions apply to discovery conducted under this article.

Resolving Disputes

If a dispute arises, section 2029.600 allows any request for a protective order, to enforce, quash, or modify a subpoena, or for other relief to be filed in the superior court in the county where discovery is to be conducted, with the dispute to be resolved according to California’s rules and statutes.

Benefits and Practical Considerations

Efficiency and Flexibility

The process is designed to be efficient and user-friendly. Standardized forms and clear statutory guidance minimize the risk of procedural errors and reduce uncertainty for out-of-state litigants. The flexibility to request documents, testimony, or both—using the appropriate Judicial Council forms—makes the system adaptable to a wide range of discovery needs.

Potential Challenges

While the process is generally straightforward, challenges can arise. Recipients may object to the scope or validity of the subpoena, and issues with service or compliance can sometimes cause delays. Engaging experienced counsel familiar with California discovery procedures can help navigate these challenges and ensure compliance with all legal requirements.

Conclusion

California’s well-defined process for out-of-state subpoenas provides a valuable tool for litigants and attorneys alike. By understanding the statutory framework and following the established procedures, anyone involved in a multistate lawsuit can efficiently obtain the evidence they need to support their case.

If you have questions or need assistance with your discovery needs, Mr. Brooks is ready to help. Whether you are handling the process independently or seeking expert guidance, Mr. Brooks can support you at every stage—ensuring compliance, efficiency, and peace of mind throughout your discovery efforts.