Are you seeking to serve an out-of-state or foreign state subpoena to a New York, or New Jersey Resident?
In 2011, New York passed CPLR 3119, making it substantially easier to seek discovery in New York for cases pending in another state. On September 1, 2014, The New Jersey Supreme Court amended Rule 4:11-4 to provide a new section, R. 4:11-4(b), for issuing foreign deposition subpoenas consistent with the Uniform Interstate Deposition and Discovery Act. These new laws permits a subpoena issued in one state, in a civil action, to be served upon a resident in another state without the need for legal proceeding or a court order.
Previously, in order to serve an out-of-state subpoena, these steps were required:
- Obtain a commission from the court in which the action was pending
- Initiate a special proceeding
- Establish the nature and necessity of the discovery
- Obtain an order permitting service of the subpoena
- Hire a local attorney
The new rules simplified this process; a foreign subpoenaneed now only be presented to a clerk in the county that the respondent will be served. Upon receipt of the foreign subpoena, the clerk, in accordance with that court’s procedure, must issue a subpoena for service upon the person to which the foreign subpoena is directed.
However, because this process is less official, it is important that the documents comply with the courts procedure and service of process is done correctly according to the law of the domesticating state.
Do you need someone to convert and serve your out-of-state subpoena?
Call A Subpoena and we will provide you with any details involving this process. You can reach us at (914) 963-1941 or email us.
