Under the Uniform Interstate Depositions and Discovery Act, a foreign subpoena is submitted to a District or Superior Court clerk where discovery occurs, who issues it. It requires no local attorney. Served 123 LLC handles the steps to domesticate a subpoena in Maine.
What to Send Us
You can add the county, counsel and any reproductive or gender-affirming care issue under Special Instructions.
Every Maine Order Includes
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Every Maine County
Served 123 LLC works with the Superior and District Court clerks across Maine’s 16 counties, and their fee is in your quote. In any county, a request indicating legally protected health care activity goes to the court. See the finder and clerk directory.
Records Subpoena
A records subpoena takes the same route and sworn affidavit, and a person commanded only to produce need not appear in person.
Maine Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Maine puts a sworn affidavit at the front of its route, one that speaks to protected care, and either a District or a Superior Court clerk can take the request. These four stops show who runs each one.
A party or its counsel swears the affidavit on the court’s form, which we prepare, stating whether the foreign subpoena relates to legally protected health care activity, meaning gender-affirming and reproductive health care services, not medical care in general.
The request goes to the clerk of a District Court in the district, or of the Superior Court of the county, where discovery is to be conducted, and we handle that step.
The clerk promptly issues the Maine subpoena under that court’s procedure, unless the affidavit indicates legally protected health care activity; then the clerk must present the request to the court, which decides, and we handle the clerk step either way.
Rule 45(b)(1) requires notice to each party at least 14 days before the response date, so your side serves that notice on each party; when you order service, our server, a non-party at least 18, delivers a copy and tenders any fees owed, and signed proof comes back to you.
Rule 45(c)(2)(B) gives a person commanded to produce 14 days after service to serve a written objection, and a compliance time less than 14 days after service shortens it. Enter the service date to count the last day under Rule 6(a).
Here is the text of the Maine Uniform Interstate Depositions and Discovery Act on the request, the sworn affidavit, what the clerk does, what the subpoena contains, the bar on legally protected health care activity and what that term means, service, governing rules and motions.
To request issuance of a subpoena under this section, a party must submit a foreign subpoena to the clerk of a District Court in the district or to the clerk of the Superior Court of the county in which the discovery is to be conducted. A request for the issuance of a subpoena under this Act does not constitute an appearance in the courts of the State.
A request for issuance of a subpoena under this section must be accompanied by an affidavit stating whether the foreign subpoena seeks documents, information, inspection or testimony related to the provision or receipt of or attempted provision or receipt of legally protected health care activity or aiding and assisting legally protected health care activity.
“Legally protected health care activity” means: A. The exercise and enjoyment or attempted exercise and enjoyment by any person of the right secured by this State to gender-affirming health care services or reproductive health care services; and
B. The provision or attempted provision of gender-affirming health care services or reproductive health care services that are authorized under the laws of this State and that are provided in accordance with the applicable standard of care by a health care practitioner licensed under the laws of this State and physically present in this State, regardless of whether the patient is located in this State or whether the health care practitioner is licensed in the state where the patient is located at the time the services are rendered.
Except as provided in subsection 4, when a party submits a foreign subpoena to a clerk of court in the State, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
A subpoena issued under subsection 2 must: A. Incorporate the terms used in the foreign subpoena; and B. 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.
A clerk of court in this State may not issue a subpoena under subsection 2 and must present the request to the court if the attestation submitted under subsection 1‑A indicates that the foreign subpoena seeks documents, information, inspection or testimony related to the provision or receipt of or attempted provision or receipt of legally protected health care activity or aiding and assisting legally protected health care activity. After reviewing the request and attestation, if the court finds that the foreign subpoena seeks documents, information, inspection or testimony related to the provision or receipt of or attempted provision or receipt of legally protected health care activity or aiding and assisting legally protected health care activity, the court shall deny the request for issuance of a subpoena and quash any subpoena previously issued by the court in connection with the request unless the court finds that the foreign subpoena seeks documents, information, inspection or testimony related to: A. An action in a foreign jurisdiction founded in tort, contract or statute brought by the person who sought or received legally protected health care activity, or the person’s legal representative, for damages suffered by the person or damages derived from an individual’s loss of consortium of the person if a similar claim would exist under the laws of this State; B. An action in a foreign jurisdiction founded in contract that is brought by a person with a contractual relationship to the individual whose documents or information are the subject of the subpoena if a similar action would exist under the laws of this State; or C. An action in a foreign jurisdiction that is brought by a parent involving litigation between parents over custody of a minor child of the parents if the custody dispute involves legally protected health care activity or aiding and assisting legally protected health care activity for the minor child. If the court finds that the foreign subpoena seeks documents, information, inspection or testimony as provided in paragraph A, B or C, the court shall direct the clerk to issue the subpoena.
Served 123 LLC prepares the Maine subpoena with each item subsection 3 requires before service.
Get a Free Quote Online →A subpoena issued by a clerk of court under section 403 must be served in compliance with the Maine Rules of Civil Procedure, Rule 45.
The Maine Rules of Civil Procedure and the provisions of Title 16, sections 101, 102 and 251 apply to depositions and discovery carried out under this Act and subpoenas issued under section 403.
No reported Maine appellate decision has yet interpreted 14 M.R.S. §§ 401-408.
Official texts: 14 M.R.S. ch. 15; 14 M.R.S. § 9002; 16 M.R.S. § 251, § 253; 22 M.R.S. § 1711-C; 4 M.R.S. § 1051; M.R. Civ. P.; M.R. Evid.; M.R. Elec. Ct. Sys.; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the Maine subpoena under 14 M.R.S. § 403 and has it served under M.R. Civ. P. 45.
Get a Free Quote Online →Section 404 sends service to Rule 45, and § 405 brings in the witness-fee statute. These cards cover the server, delivery, the fee and its tender, notice to the parties, travel, timing, motions and proof. For a summons or other court papers, see process service in Maine.
Rule 45(b)(1): “A subpoena may be served by any person who is not a party and is not less than 18 years of age, including the attorney of a party.” Section 404 makes Rule 45 the service rule for a subpoena a clerk issues under § 403. The text names no sheriff and no appointment. A party’s attorney qualifies under that text; a party does not.
14 M.R.S. § 404; M.R. Civ. P. 45(b)(1)Rule 45(b)(1): “Prior notice of any commanded production of documents and things or inspection of premises or the appearance of a witness in discovery or pretrial proceedings shall be served on each party in the manner prescribed by Rule 5(b) at least 14 days prior to the response date set forth in the subpoena.”
M.R. Civ. P. 45(b)(1)Service “shall be made by delivering a copy thereof to such person and, if the person’s attendance is commanded, by tendering to that person the fees for one day’s attendance and the mileage allowed by law.” Its reach: “A subpoena may be served at any place within the state.” Rule 45 and the Act name no electronic route for that service.
M.R. Civ. P. 45(b)(1)-(2)On timely motion, the court “shall quash or modify the subpoena if it (i) fails to allow a reasonable time for compliance”. The rule sets no number of days for that test, so the subpoena’s date has to leave room for service, for the 14-day notice to each party and for a written objection under Rule 45(c)(2)(B).
M.R. Civ. P. 45(c)(3)(A)(i)Rule 45 and 14 M.R.S. §§ 403-406 set no return form and no duty to file proof of service of the subpoena with the clerk. When you order service, Served 123 LLC still returns signed proof to you.
M.R. Civ. P. 45; 14 M.R.S. §§ 403-406Rule 45(b)(1) adds: “A party shall have 7 days to object to a discovery or pretrial subpoena and to arrange for the determination of the objection by the court.”
M.R. Civ. P. 45(b)(1)16 M.R.S. § 251 sets it: “Witnesses, other than law enforcement officers testifying in their official capacity, in the Supreme Judicial Court, the Superior Court, the District Court or in the Probate Court, unless the court otherwise orders, must receive $10, and before referees, auditors or commissioners specially appointed to take testimony or special commissioners on disputed claims appointed by Probate Courts, $10, or before the county commissioners, $10 for each day’s attendance and 22¢ a mile for each mile’s travel going and returning home. The party calling the witness shall pay the witness.” Section 405 applies § 251 to discovery under the Act.
16 M.R.S. § 251; 14 M.R.S. § 405When attendance is commanded, Rule 45(b)(1) requires “tendering to that person the fees for one day’s attendance and the mileage allowed by law.” Section 253 adds: “A person is not obliged to attend any court as a witness in a civil action or at any place to have the person’s deposition taken unless the person’s legal fees for travel to and from the place and for one day’s attendance are first paid or tendered. The person’s fees for each subsequent day’s attendance must be paid at the close of the preceding day if the person requests it.” Rule 45 makes the tender part of service, and § 253 lets the witness stay away until it is made. Any fee we advance appears on your quote.
M.R. Civ. P. 45(b)(1); 16 M.R.S. § 253Rule 45(c)(3)(A)(ii) has the court quash or modify a subpoena that “requires a resident of this state who is not a party or an officer of a party to travel to attend a deposition outside the county wherein that person resides or is employed or transacts business in person or a distance of more than 100 miles one way, whichever is greater, unless the court otherwise orders” or “requires a nonresident of the state who is not a party or an officer of a party to attend outside the county wherein that person is served with a subpoena, or farther than 100 miles from the place of service, unless some other convenient place is fixed by an order of court”. The court’s form reads: “I understand that a deposition must be held in the county (for a Superior Court action) or district (for a District Court action) of the court in which the deponent resides.” The rule and the form do not refer to each other. Give us the place with your order, and we prepare the subpoena to it.
M.R. Civ. P. 45(c)(3)(A)(ii); the court’s affidavit formSection 406: “An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of court under section 403 must comply with the Maine Rules of Civil Procedure and be submitted to the District Court in the district or to the Superior Court of the county in which the discovery is to be or is being conducted.” Rule 45(e) reads: “Motions or objections concerning subpoenas issued in discovery or pretrial proceedings shall be made under Rule 26(g).” Rule 26(g) opens: “No written motions under Rule 26 through 37 shall be filed without the prior approval of a justice or judge of the court in which the action is pending. The moving party shall first confer with the opposing party in a good faith effort to resolve by agreement the issues in dispute. If the dispute is not resolved by agreement, the moving party shall request a hearing from the clerk by letter.” These texts do not say whether that prior approval applies when the action is pending out of state.
14 M.R.S. § 406; M.R. Civ. P. 26(g), 45(e)Served 123 LLC handles the service, any fee the witness is owed and the signed proof of service.
Get a Free Quote Online →These cards cover a Maine subpoena for documents: who need not appear, records kept and certified, the written objection, confidential health care information, the federal HIPAA rule and the separate bar on reproductive and gender-affirming care records.
Rule 45(c)(2)(A): “A person commanded to produce and permit inspection and copying of designated books, papers, documents, or tangible things, or inspection of premises, need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing, or trial.” The court’s form asks for the “Name of deponent and/or custodian of the documents”. A subpoena that commands testimony as well as production falls outside that sentence, so the command itself decides whether the custodian appears.
M.R. Civ. P. 45(c)(2)(A); the court’s affidavit formRule 45(d)(1): “A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.” M.R. Evid. 902(11) treats as self-authenticating a domestic record meeting Rule 803(6)(A)-(C), shown “by a certification of the custodian or another qualified person that complies with a statute or a rule prescribed by the Maine Supreme Judicial Court,” after reasonable written notice to an adverse party.
M.R. Civ. P. 45(d)(1); M.R. Evid. 902(11)Rule 45(c)(2)(B): “Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena a written objection to inspection or copying of any or all of the designated materials or of the premises.”
M.R. Civ. P. 45(c)(2)(B)22 M.R.S. § 1711-C(2): “An individual’s health care information is confidential and may not be disclosed other than to the individual by the health care practitioner or facility except as provided in subsection 3, 3-A, 3-B, 6 or 11.” Subsection 6 lists disclosure “As directed by order of a court or as authorized or required by statute”. Section 1711-C does not say whether a private party’s subpoena alone, with no authorization or court order, permits release.
22 M.R.S. § 1711-C(2), (6)(F-1)45 C.F.R. § 164.512(e) lets a covered entity respond to a court order with “the protected health information expressly authorized by such order”. A subpoena not accompanied by such an order needs “satisfactory assurance” 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 of efforts to secure a qualified protective order. For notice, § 164.512(e)(1)(iii) asks for “a written statement and accompanying documentation demonstrating that” “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),” that “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 the next card carries the rest of that showing.
45 C.F.R. § 164.512(e)(1)(i)-(iii)Paragraph (e)(1)(iii) also asks that “The time for the individual to raise objections to the court or administrative tribunal has elapsed,” with either “No objections were filed” or “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.” Paragraph (e)(1)(iv) asks for a like showing that “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 that “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 or stipulation “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 “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.”
45 C.F.R. § 164.512(e)(1)(iii)-(v)Subsection 8(B) provides that a health care practitioner, facility or state-designated statewide health information exchange “may not disclose any of the following in a civil or administrative action or proceeding or in response to a subpoena issued in a civil or administrative action or proceeding unless authorized in writing by the individual or the individual’s authorized representative or pursuant to a court order issued by a court of competent jurisdiction in this State upon a showing of good cause, as long as the court order limits the use and disclosure of records and includes sanctions for misuse of records or sets forth other methods to ensure confidentiality,” and the next card lists them.
22 M.R.S. § 1711-C(8)(B)The bar in subsection 8(B) reaches two kinds of information: “(1) Any communication about reproductive health care services or gender-affirming health care services made to the health care practitioner, facility or state-designated statewide health information exchange from the individual or anyone acting on behalf of the individual, including an authorized representative of the individual; and” “(2) Any information obtained through a personal examination of an individual relating to reproductive health care services or gender-affirming health care services.” Subsection 8(C) opens “Paragraph B does not apply if” and lists exceptions, including a plaintiff in a medical malpractice action against that provider.
22 M.R.S. § 1711-C(8)(B)-(C)Served 123 LLC prepares and serves a Maine subpoena that commands production of records.
Get a Free Quote Online →Each of these points comes from the Act, the court’s form or the Maine Rules of Civil Procedure.
We check the papers we prepare before service and raise anything that needs your input.
Search a town, ZIP or county where discovery will take place to see which county’s clerks can issue the Maine subpoena there, then start a quote; the directory below lists Superior Court and District Court offices across all 16 counties.
The Maine Judicial Branch town list names the District Court for each Maine town, and a district can cross a county line.
How New Hampshire, Massachusetts and Vermont handle a foreign subpoena beside Maine’s 14 M.R.S. §§ 401-408: the governing law, whether a local attorney is required and who issues the subpoena, each taken from that state’s own text.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Maine | 14 M.R.S. §§ 401-408 (P.L. 2019, c. 109) | No | District or Superior Court clerk at the place of discovery |
| New Hampshire | RSA 517-A:1 II until 01/01/2027, then the Uniform Act in RSA 517-A | No | Justice of the peace or notary; from 01/01/2027 the superior court clerk |
| Massachusetts | Not adopted; G.L. c. 233, § 45 | No | A notary public or justice of the peace |
| Vermont | V.R.C.P. 45(f), adopted by court rule | No | A judge reviews, then the clerk signs |
Each answer cites the Maine statute, rule or court form behind it. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
Begin with the question the affidavit asks about legally protected health care activity, since its answer decides whether a clerk or the court acts on the request. After that, the papers go to the court for the place of discovery, and Rule 45 governs delivery to the witness. The route shows who runs each stop.
It is the part of Title 14 that turns a subpoena from another jurisdiction into one a Maine witness must answer. Maine adopted it in 2019, and a later amendment (P.L. 2023, c. 648) gave the Act a sworn affidavit and a court review for legally protected health care activity. The quoted sections carry its text from the Revisor.
No. The Act does not require one: under § 403(1), a party makes the request, and that request is no appearance in Maine’s courts. The court’s form can be signed by a party or someone representing a party in the out-of-state case, and it asks for a Maine Bar number only “if applicable.” See who signs.
Not in the ordinary case. Section 403(2) has the clerk issue it under that court’s procedure, and it names no petition or order. The exception is § 403(4): once the affidavit indicates legally protected health care activity, the clerk must present the request to the court, which must deny it if it finds protected care and no listed exception applies. Stop three covers both paths.
Both trial levels are open. Under § 403(1) a requester may use a Superior Court or a District Court, and the test is where the discovery takes place, not where the parties sit. The county finder shows the county, and the clerk directory gives both courts’ street addresses.
Two lists apply. Section 403(3) covers the foreign subpoena’s terms and contact details for all counsel of record and any party without counsel. Rule 45(a)(1) covers the caption details and has Rule 45(c) and (d) printed in the subpoena itself. See the text.
The court publishes one paper that pairs the request for a Maine subpoena with a sworn statement. The signer swears whether the foreign subpoena relates to legally protected health care activity or aiding and assisting it, under penalty of perjury. Under § 403(1-A), the form must warn about false swearing. The form card quotes it.
Not clearly. Rule 45(a)(3) gives members of the Maine Bar that power as officers of the court, yet § 403 mentions only a clerk. Neither says whether the power reaches an out-of-state case without the sworn request, so the clerk route is the one the Act sets out. The statute section has both texts, and your quote follows the clerk route.
Not stated. E-filing is rolling out court by court, with Region 6 listed from December 7, 2026, and the Act names no filing channel. The e-filing card lists the regions. The Judicial Branch’s e-filing page and M.R. Elec. Ct. Sys. do not address this request, and your quote confirms the route for your court.
Care tied to reproduction or gender affirmation, rather than medicine as a whole. Section 402 borrows the definition in § 9002(8), which reaches both exercising the right to those services and providing them as Maine law authorizes. Aiding and assisting has its own definition in § 9002(1). See the definition.
Rule 45(b)(1) allows any non-party who is at least 18, and that includes a party’s attorney. Sheriffs get no special place in that text, and neither does any court appointment. When you order service, Served 123 LLC assigns a server who meets the rule. See who may serve.
Anywhere in the state, under Rule 45(b)(2). The method is delivery of a copy to the person named, with the fee tender when attendance is commanded, because § 404 makes Rule 45 the service rule for a subpoena issued under the Act. A witness’s county does not limit where the server may deliver it. See delivery and reach.
Not under Rule 45 or the Act, and neither one asks you to lodge the return at the clerk’s office. When you order service, we still send you signed proof, so you hold a record of the delivery if a party or the witness ever questions it. See the proof card.
Every party, and your side serves it. Rule 45 ties the notice to the response date, with a 14-day minimum lead, and Rule 5(b) sets how it travels. That covers production, inspection and discovery appearances. Any party then has 7 days for an objection and to line up a ruling. See the notice card.
A Maine witness receives $10 for each day’s attendance and 22¢ a mile, going and returning home, under 16 M.R.S. § 251, unless the court otherwise orders, and the calling party pays. Law enforcement officers testifying officially are excepted. When attendance is commanded, one day’s fee and the mileage travel with the subpoena, because Rule 45(b)(1) makes that tender part of service. See the fee card.
Two Maine sources answer differently. For a Maine resident, Rule 45 sets a county test and a 100-mile test and takes the larger. A witness from out of state stays within the county of service or that distance from it, absent an order naming another convenient spot. The court’s form looks only to where the deponent resides. The attendance card quotes both; put the deposition location in Special Instructions.
In writing. Rule 45(c)(2)(B) starts a 14-day clock at service, and a compliance time inside those 14 days cuts it short. The paper goes to whoever the subpoena designates, party or attorney. The calculator above counts the 14 days from your service date.
Maine gives it to a court tied to the discovery, not to the court of the out-of-state case: § 406 names a District Court or the Superior Court for that location. Rule 45(e) then points discovery-subpoena motions to Rule 26(g). Details are in the motions card.
Not clearly, if it stands alone. Maine’s § 1711-C keeps patient information private apart from listed exceptions, one being a court order, and it does not say whether a private party’s subpoena counts. Subsection 8 adds a tighter bar for some categories of care. See the medical cards. Tell us what the subpoena seeks and we prepare it to that command.
Ten dollars is the only total on the court’s form, split between the subpoena and shipping and handling, and the court fee schedule has matching $5.00 lines. Neither source says whether anything else is owed, or whether the shipping part drops away for a hand delivery. You see one number either way, in your quote. See the fee card.
Not stated, and your quote is one price with the court’s charge inside it either way. The fee schedule’s $175.00 General Civil line speaks of a “General Civil or Real Estate action” or a “Third-Party Complaint.” Foreign depositions go unnamed in the schedule, the court’s form lists its own amount, and neither says whether $175 reaches this request. The fee card quotes the lines.
Count back from the response date. Rule 45(b)(1) needs notice to each party at least 14 days before that date, and the subpoena must allow a reasonable time for compliance. Section 403(2) says the clerk shall “promptly issue,” with no set number of days. See time to comply, and put the response date in the Requested Deadline field so your quote reflects it.
One price covers our work, the court’s charge and, if ordered, delivery to the witness along with any witness fee we advance. An affidavit indicating legally protected health care activity sends the request to the court under § 403(4), outside the clerk route, so tell us early if your subpoena touches that subject, and your quote says how we proceed. See the route.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
Questions? Call (800) 321-2377
Nearby States: New Hampshire · Massachusetts · Vermont
