Idaho adopted the Uniform Interstate Depositions and Discovery Act as Rule 45(j): the foreign subpoena is submitted to the clerk of the county where discovery is conducted, who promptly issues it. The Act requires no Idaho attorney. Served 123 LLC gets it issued and served.
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Every Idaho Order Includes
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Every Idaho County
Served 123 LLC handles Idaho subpoena domestication in all 44 counties. The county in which discovery is to be conducted decides which clerk issues the subpoena; the county finder and the clerk directory below name the clerk’s office for each county.
Records Without Appearing in Person
The Idaho subpoena must conform to the Idaho rules, including Rule 45, so a person commanded only to produce documents, electronically stored information or tangible things need not appear in person at the place of production unless also commanded to appear at a trial, hearing or deposition, and the party serving a non-party pays the reasonable cost of producing or copying.
Idaho Subpoena Domestication Order
Our quote covers document preparation, any clerk’s fee and service if ordered.
Rule 45(j) is Idaho’s version of the Uniform Act “as modified herein,” and four stops set by it and the electronic filing rules carry a subpoena from another state’s case to a witness in Idaho.
A party submits the foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted, together with a drafted Idaho subpoena; the request is not an appearance in Idaho courts.
A foreign subpoena must be filed conventionally at the clerk’s office, an exception to the electronic filing that attorneys otherwise must use.
The clerk promptly issues an Idaho subpoena that conforms to the Idaho rules, tells the witness of the right to petition to quash or modify and carries the counsel list, and opens no court file for it.
Our server, an adult who is not a party, delivers a copy to the witness with any tender requested; the affidavit of service goes to the attorney who asked for the subpoena, never to the court.
Idaho took the Uniform Act in by Supreme Court rule rather than statute: subdivision (j) of Rule 45 of the Idaho Rules of Civil Procedure. Below, its own words on where the foreign subpoena goes, what the clerk does with it and what the Idaho subpoena must say.
To request issuance of a subpoena under this rule, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this rule does not constitute an appearance in the courts of this state.
When a party submits a foreign subpoena to a clerk of court in this state, the clerk shall promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed.
A subpoena under subsection (B) must: … advise the person to whom the subpoena is directed that such a person has a right to petition the Idaho court to quash or modify the subpoena under Rule 45(j)(6); and contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
There is no requirement to hire local counsel to have the subpoena issued in Idaho, and there is no need to present the matter to a judge in Idaho before the subpoena can be issued.
No reported Idaho appellate decision has yet interpreted I.R.C.P. 45(j); the rule’s own text governs submission, issuance and service.
Official texts: Idaho Rules of Civil Procedure Rule 45 and Rule 54; I.R.E.F.S. Rule 4 and Rule 5; I.R.E. 902; Idaho Code §§ 1-212 and 1-213. General information, not legal advice. The official text controls.
Served 123 LLC prepares the Rule 45(j) subpoena for the clerk and has it served in Idaho.
Get a Free Quote Online →Rule 45(j)(5) carries Rules 45(a), (b), (e)(1), (f)(1) and (f)(2) over to every subpoena the clerk issues, Rule 45(j)(3)(C)(i) requires it to conform to the Idaho rules, “including Rule 45,” and the comment adds that service follows Idaho law, including any applicable local rules. These cards cover who serves, the proof, witness fees and tender, where a witness attends and petitions after service. For a summons or other court papers, see process service in Idaho.
Rule 45(j)(5): “Rules 45(a), 45(b), 45(e)(1), 45(f)(1) and 45(f)(2) shall also apply to subpoenas issued under subdivision 45(j)(3) of this rule.” Rule 45(b)(1) then provides: “Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person’s attendance, tendering the fees for 1 day’s attendance and the mileage allowed by law if requested.” The server of the Idaho subpoena meets the same 45(b) test as for any Idaho subpoena.
Rule 45(b)(1); 45(j)(5)Rule 45(j)(3)(C)(i) makes the subpoena conform to Idaho’s rules, “including Rule 45”; Rule 45(h): “Witness Fees. Witness fees and expenses must be in the amounts provided for under Rule 54(d)(1).” Rule 54(d)(1) lists “witness fees of $20.00 per day for each day that a witness, other than a party or expert, testifies at a deposition or in the trial of an action” and, for a witness who travels by private transportation to testify in the trial of an action, travel expenses “computed at the rate of $.30 per mile, one way, from the place of residence, whether it is in or outside the state of Idaho.”
Rule 45(h), (j)(3)(C)(i); 54(d)(1)(C)(iii)–(iv)Under Rule 45(j)(4) the server does not return a certificate of service or affidavit to the court that issued the subpoena. “Instead, the officer or individual responsible for service shall deliver a certificate of service or affidavit to the attorney who requested the subpoena. That attorney must retain the certificate of service or affidavit and furnish a copy to any party or to the deponent upon request.” Rule 45(b)(3) sets the form of that proof: “When service is by an officer it must be returned with the officer's certificate of service, and when served by any other person, it must be returned with the person's affidavit stating the date and manner of service and the names of the persons served.”
Rule 45(b)(3); 45(j)(4)Rule 45(j)(6) sends it to “the court in the county in which discovery is to be conducted or the deponent resides, is employed or transacts business.” Rule 45(j)(6)(B): “An action to quash or modify a subpoena under this rule shall be instituted by the filing of a petition. The petition shall be made promptly, at or before the time for compliance specified in the subpoena. The court may: (i) quash or modify the subpoena if it is unreasonable, oppressive, fails to allow time for compliance, requires disclosure of privileged or other protected matter and no exception or waiver applies, or subjects a person to undue burden; or” (ii), the cost condition the production card quotes, “and (iii) impose sanctions.”
Rule 45(j)(6), (6)(B)(i)–(iii)Rule 45(b)(2)(A): “If the subpoena requires the person’s attendance, the fees for 1 day’s attendance and the mileage allowed by law must be tendered, if requested, at the time the subpoena is served.” Rule 45(b)(1) makes that tender part of serving the subpoena, so a witness who asks for it when the papers are handed over is owed it then.
Rule 45(b)(2)(A), (b)(1)Rule 45(f)(2), which Rule 45(j)(5) applies: “A resident of the state may be required to attend an examination only in the county where the resident resides or is employed or transacts business in person. A nonresident of the state may be required to attend in any county of the state where the nonresident is served with a subpoena.”
Rule 45(f)(2); 45(j)(5)Served 123 LLC serves the Idaho subpoena and delivers the affidavit of service to you.
Get a Free Quote Online →A subpoena for documents alone goes to the same discovery county clerk as one for a deposition. These cards cover production without appearing, the custodian’s certification for use in Idaho courts, a subpoena reaching privileged or protected matter, which Rule 45(j)(6)(B) lets an Idaho court quash or modify when “no exception or waiver applies,” and the HIPAA assurances for medical charts.
Rule 45(j)(3)(C)(i) requires the Idaho subpoena to “conform to the requirements of the Idaho Rules of Civil Procedure, including Rule 45,” so Rule 45(c)(3) reaches it. A custodian commanded only to produce documents, electronically stored information or tangible things, or to permit inspection of premises, “need not appear in person at the place of production or inspection unless also commanded to appear at trial, at hearing or at deposition.” For a non-party, Rule 45(c)(2)(B) has the serving party “pay the reasonable cost of producing or copying the documents, electronically stored information or tangible things.” On a petition, Rule 45(j)(6)(B)(ii) lets the Idaho court “condition compliance with the subpoena upon the advancement of the reasonable cost of producing the books, papers, documents, electronically stored information or tangible things by the person in whose behalf the subpoena is issued.”
Rule 45(c)(2)(B), (c)(3); 45(j)(3)(C)(i), (j)(6)(B)(ii)Medical charts sought from a HIPAA covered entity carry a federal step of their own, separate from Rule 45. Under 45 C.F.R. § 164.512(e)(1)(ii), the covered entity may answer the Idaho subpoena “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal, if:” (A) “The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iii) of this section, from the party seeking the information that reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request”; or (B) it receives that assurance, as (e)(1)(iv) describes, that “reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section.”
45 C.F.R. § 164.512(e)(1)(ii)The patient here is the person the chart describes, not the Idaho witness: the witness is the hospital, clinic or other covered entity whose records custodian receives the Idaho subpoena, and the written showing goes to that custodian. That custodian, as the Idaho witness, keeps a remedy of its own: under Rule 45(j)(3)(C)(ii), the Idaho subpoena tells it of its “right to petition the Idaho court to quash or modify the subpoena under Rule 45(j)(6)”, which the petition card covers. The patient’s notice is a separate step for the requesting party, set by the federal rule. Paragraph (e)(1)(iii) lists, in its own words, the three things the requesting party’s written statement and documentation must show: (A) “The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual's location is unknown, to mail a notice to the individual's last known address)”; (B) “The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal; and” (C) “The time for the individual to raise objections to the court or administrative tribunal has elapsed, and:” (1) “No objections were filed; or” (2) “All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.”
45 C.F.R. § 164.512(e)(1)(iii); I.R.C.P. 45(j)(3)(C)(ii)On the other route, either of two showings, (A) or (B), meets (e)(1)(iv): “For the purposes of paragraph (e)(1)(ii)(B) of this section, a covered entity receives satisfactory assurances from a party seeking protected health information, if the covered entity receives from such party a written statement and accompanying documentation demonstrating that:” (A) “The parties to the dispute giving rise to the request for information have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute; or” (B) “The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal.” Under (e)(1)(v), that order is “an order of a court or of an administrative tribunal or a stipulation by the parties to the litigation or administrative proceeding that:” (A) “Prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which such information was requested; and” (B) “Requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding.” In a Rule 45(j) case the dispute is the “civil lawsuit brought in another state”, while an application for a protective order tied to the Idaho subpoena itself goes to the Idaho court Rule 45(j)(6) names, shown in the petition card.
45 C.F.R. § 164.512(e)(1)(iv), (v); I.R.C.P. 45(j)For a trial or hearing in an Idaho court, Idaho Rule of Evidence 902(11) treats as self-authenticating “The original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown by a certification of the custodian or another qualified person.” Before the trial or hearing, “the proponent must give an adverse party reasonable written notice of the intent to offer the record – and must make the record and certification available for inspection.”
I.R.E. 902(11)Rule 45 sets no separate track for medical or other protected records. Disclosure of privileged or other protected matter, where no exception or waiver applies, is one of the Rule 45(j)(6)(B)(i) grounds the petition card quotes, and the petition goes to the court in the county Rule 45(j)(6) names, so the objection is heard in Idaho rather than in the trial state. Rule 45(j)(3)(C) has the issued subpoena itself tell the witness of that right to petition.
Rule 45(j)(6)(B)(i), (j)(3)(C)Served 123 LLC handles the clerk’s issuance and service of an Idaho subpoena that commands production.
Get a Free Quote Online →These are the places a foreign subpoena tends to go wrong in Idaho, from the clerk’s counter to the witness and the proof.
We check the subpoena we prepare and the service we make against the first six and tell you what needs fixing before the subpoena goes out. The seventh is the witness’s move after service; we tell you which Idaho court hears it.
Search or pick the county where the deposition or production is to take place to see which clerk issues the subpoena there, then start a quote; the clerk directory below names all 44 offices.
How Washington, Oregon, Montana, Wyoming, Utah and Nevada take in a foreign subpoena next to Idaho’s Rule 45(j): the law that adopts the Uniform Act, whether it requires a local attorney and who issues the subpoena, each from the state’s own statute or rule. “Check” marks a state whose own rules leave the out-of-state attorney’s filing route open.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Idaho | I.R.C.P. 45(j), a court rule effective July 1, 2009 (current text July 1, 2016) | No | Clerk of court, discovery county |
| Washington | RCW ch. 5.51 (2012 c 95; 2023 c 193) | Check | Clerk of court, discovery county |
| Oregon | ORCP 38 C (court rule) | Check | Clerk of court, discovery county |
| Montana | Mont. R. Civ. P. 28(c) (2011) | Check | Clerk of court, discovery county |
| Wyoming | W.R.C.P. 28(c) (court rule) | Check | Clerk of court, discovery county |
| Utah | Utah Code §§ 78B-17-101 to -302 (2008) | Check | Clerk of court, discovery judicial district |
| Nevada | NRS 53.100 to 53.200 (2011) | Check | Clerk of court, discovery county |
Every answer cites the Idaho rule or official source behind it. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
Not a statute. A lawyer looking for Idaho’s version will find it among the court rules, at subdivision (j) of Rule 45, while Idaho Code § 1-212 simply confirms the rulemaking power the Supreme Court used. It governs discovery taken in Idaho for a civil case brought in another state; the comment to Rule 45(j)(2) records the adoption, and the rule section quotes the text.
The clerk for the county where the deposition will be taken or the records produced, under Rule 45(j)(3)(A); the witness’s home county and the trial court do not decide it. Rule 45(f)(2) then limits a resident witness to attending in the county of residence, employment or in-person business, so we check that the place on your subpoena meets both. See the county finder and the attendance card.
No. Per the comment to Rule 45(j)(3), issuance takes no local counsel, and Rule 45(j)(3)(A) keeps the request from counting as an appearance in Idaho courts. Idaho counsel can matter later: a motion to enforce, quash or modify must follow Idaho rules or laws under Rule 45(j)(6), as the petition card explains.
No. IREFS Rule 5(i) requires conventional filing for a foreign subpoena, a carve-out from the Rule 4(a) duty that otherwise puts attorneys on electronic filing. So the paper copy goes to the clerk’s office in the discovery county, and our team delivers it there for you; the route shows where that step falls.
Two papers, per the comment to Rule 45(j)(3): the subpoena issued in the trial state and the draft Idaho subpoena. Idaho has no separate application form, and nothing has to go before a judge first. We prepare the Idaho subpoena from your foreign one; the rule section quotes what it must contain before the clerk will issue it.
Two sets of items. Rule 45(a)(1)(A) supplies the Appendix B basics, and Rule 45(j)(3)(C) adds the Idaho extras: the right-to-petition advisory and the full counsel list. We draft both into the subpoena from your foreign one, so the clerk sees a complete paper; the rule section and the route list each item.
No. The clerk issues it on submission under Rule 45(j)(3)(B), and the comment calls that act ministerial yet enough to give Idaho jurisdiction over the deponent. Court time begins only on an application under Rule 45(j)(6): for a protective order, or to enforce, quash or modify the subpoena. The route shows each stop.
Yes. Rule 45(j) has applied since July 1, 2009, and Rule 45(j)(8) extends it to discovery requests in cases already pending that day, so an older case still open qualifies. Rule 45 in its present form was adopted effective July 1, 2016, and that text keeps the 2009 date; the rule section quotes it with the history line.
Yes. Any adult who is not a party may serve, which is all Rule 45(b)(1) asks, and Rule 45(j)(5) makes that rule govern the Idaho subpoena the clerk issues. When you order service, a Served 123 LLC server delivers it in person and then signs the affidavit of service for your file; the service card quotes the rule.
Personal delivery, plus a tender when asked. Our server delivers a copy to the named person, as Rule 45(b)(1) directs, and pays the day’s fees and mileage on the spot when an attending witness asks. The comment to Rule 45(j)(3) folds in “any applicable local rules,” so we check the district’s own rules before filing; see the service section.
No. Under Rule 45(j)(4) the server hands the proof to the attorney who asked for the subpoena, and that lawyer holds it and gives a copy to any party or the deponent who asks. Our signed affidavit, built to Rule 45(b)(3), comes to you to keep on file; see the proof card.
Not under Rule 45(f)(2), applied here by Rule 45(j)(5): a witness living in Idaho attends only in the county of residence, employment or in-person business, while one living out of state may be required to attend in any county where served. We check the place on your subpoena against that limit; the attendance card quotes the rule.
$20.00 per day. Rule 45(h), which binds the issued subpoena through Rule 45(j)(3)(C)(i), points to the Rule 54(d)(1) schedule: that sum for each day a non-party, non-expert witness testifies at a deposition or trial. Its 30-cents-a-mile item is written for a trial witness; see the witness fee card.
Yes, if the witness asks and must attend. Under Rule 45(b)(2)(A) the day’s fee and mileage are owed at service once the witness asks, so on a service order our server carries that sum with the papers. A records-only subpoena that commands no attendance falls outside that sentence; the tender card has the rule.
A petition. Rule 45(j)(6)(B) says an action to quash or modify “shall be instituted by the filing of a petition,” made “promptly, at or before the time for compliance.” The issued subpoena itself must tell the witness of that “right to petition the Idaho court” (Rule 45(j)(3)(C)(ii)). The petition card quotes its timing and grounds.
An Idaho court in the county Rule 45(j)(6) names, never the trial court back home: the county where discovery “is to be conducted,” or where the deponent “resides, is employed or transacts business.” A court file opens on a motion to enforce, quash or modify, never when the clerk issues the subpoena; the petition card quotes the rule.
The grounds Rule 45(j)(6)(B)(i) lists: a subpoena that is “unreasonable, oppressive,” one that “fails to allow time for compliance,” one where “privileged or other protected matter” must be disclosed “and no exception or waiver applies,” or one that “subjects a person to undue burden.” Clause (ii) adds a cost condition, quoted on the production card, and (iii) lets the court “impose sanctions”; the petition card quotes (i) and (iii).
Not for production alone, under Rule 45(c)(3); the records card quotes it. If you also want the custodian to answer questions under oath, the subpoena must command a deposition as well, and then Rule 45(f)(2) limits where an Idaho resident must attend. We carry your subpoena’s command over as written.
No. Rule 45(j)(4) says the clerk “shall not collect a fee” when issuing it, and opens no file; the rule section quotes that sentence. Per the comment, a file is created if someone later moves to enforce, quash or modify the subpoena. Any fee is in your quote, one written price for the whole job.
The rule sets no number of days. Under Rule 45(j)(3)(B), when a party submits the foreign subpoena, the clerk “shall promptly issue a subpoena for service” on the person it names. When you order service, we send the issued subpoena to our server as soon as the clerk returns it; the route shows each stop.
One that leaves time to comply. A date that “fails to allow time for compliance” is a Rule 45(j)(6)(B)(i) ground to quash or modify, and the witness must petition “promptly,” on the timing the petition card quotes. We flag a date that leaves too little room for service; the petition card lists the grounds, and the protected records card covers privileged matter.
Document preparation of the subpoena the clerk issues, the clerk’s issuance and service, when you order it, in one written price. When service is ordered, we advance the witness fee and mileage tendered under Rule 45(b)(2)(A) for you, and they appear on your written quote. Start at the order form; the rule section and tender card hold the rules.
One written quote covers document preparation, any clerk’s fee and service, when you order service.
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