Served 123 LLC domesticates and serves out-of-state subpoenas across all 56 Montana counties under the Uniform Interstate Depositions and Discovery Act (Mont. R. Civ. P. 28(c)). We prepare the Montana subpoena, file with the clerk of the district court in the discovery county, and serve under Rule 45.
Montana adopted the UIDDA by court rule — Mont. R. Civ. P. 28(c), codified in the Montana Code at Title 25, chapter 20 — not as a standalone “UIDDA statute.” Filings should cite Rule 28(c); pointing a clerk to a non-existent code section invites a kickback. We use the correct authority on every order.
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To domesticate a subpoena in Montana, submit your out-of-state subpoena to the clerk of the district court in the county where discovery is sought. Under Mont. R. Civ. P. 28(c) the clerk promptly issues a matching Montana subpoena — no hearing and, in most cases, no local counsel. Montana adopted the Act by court rule (not a standalone statute) and imposes no reciprocity requirement; the subpoena need only mirror the foreign subpoena's terms and list all counsel.
Montana adopted the Uniform Interstate Depositions and Discovery Act as Mont. R. Civ. P. 28(c), effective October 1, 2011 (Sup. Ct. Ord. AF 07-0157). Montana enacted it as a court rule rather than a freestanding statute — it lives in the Montana Code at Title 25, chapter 20 — so filings should cite Rule 28(c), not a “UIDDA statute” section. The Act lets an out-of-state litigant obtain an enforceable Montana subpoena for depositions, testimony, and records without a motion, a hearing, or (in most cases) local counsel.
Under Rule 28(c)(2), the foreign subpoena is submitted to a clerk of the district court in the Montana county where discovery is sought, and the clerk “shall promptly issue” a matching Montana subpoena. The rule is explicit that the request does not constitute an appearance in Montana's courts. The issued subpoena must incorporate the foreign subpoena's terms and be accompanied by the names, addresses, and telephone numbers of all counsel of record and any unrepresented party.
The subpoena is served under Mont. R. Civ. P. 45 — by a sheriff or any non-party 18 or older — with the statutory witness fee and mileage tendered when attendance is commanded. Served 123 LLC manages every step across all 56 counties.
From intake to affidavit — exactly what happens on every Montana order.
Use the order form above or email info@served123.com. Include the originating state, the Montana county where discovery is sought, and your subpoena as a PDF. We confirm UIDDA eligibility and the correct county at intake.
We prepare the Montana subpoena to conform to Rule 28(c), incorporating the foreign subpoena's terms and the contact information for all counsel and unrepresented parties.
We submit the foreign subpoena to the clerk of the district court in the discovery county, who promptly issues the Montana subpoena. The request is not an appearance, and issuance typically takes 1–3 business days.
Our authorized representative retrieves the issued Montana subpoena in person from the clerk's office, confirms it is enforceable, and sends you a copy. No court appearance is required.
We dispatch through our Montana process-server network under Rule 45 — by a sheriff or a non-party 18 or older — with up to three diligent attempts per address. The statutory witness fee ($10 per day) and mileage under Mont. Code Ann. § 26-2-501 are tendered at service where attendance is commanded.
You receive a signed, court-ready PDF affidavit of service confirming completion in full compliance with Montana law — ready for filing in your originating case.
Before October 2011, reaching a Montana witness for an out-of-state case meant a slower court process. Rule 28(c) replaced it with a single clerk filing.
The Rule 28(c) framework, plus the rule that governs subpoena service and objection and the statute that sets witness fees — the authority we work from on every Montana order.
| Authority | Subject | Key requirement |
|---|---|---|
| Rule 28(c)(1) | Definitions | Defines “foreign jurisdiction,” “foreign subpoena,” “state,” “person,” and “subpoena” |
| Rule 28(c)(2) | Issuance | A foreign subpoena is submitted to a clerk of the district court in the discovery county, who promptly issues a Montana subpoena; it incorporates the foreign terms and lists all counsel; the request is not an appearance |
| Rule 28(c)(3) | Service | The issued subpoena is served in compliance with Rule 45 |
| Rule 28(c)(4) | Deposition & production | Rules 30, 31, 34, and 45 apply to subpoenas issued under the rule |
| Rule 28(c)(5) | Application to court | Motions for a protective order or to enforce, quash, or modify go to the court for the county where discovery is conducted |
| Rule 45(d)(2) | Objection | A person commanded to produce may object in writing before the earlier of the compliance date or 14 days after service |
| Rule 45(d)(3) | Quash or modify | The court must quash or modify a subpoena that allows unreasonable time, requires a non-party to travel more than 100 miles, demands privileged matter, or imposes undue burden |
| Mont. Code Ann. § 26-2-501 | Witness fees | Witnesses receive $10 per day plus a mileage allowance at the state rate under § 2-18-503 |
| Mont. Code Ann. § 26-2-506 | Who pays | Witness fees and mileage are paid by the party who caused the witness to be subpoenaed |
| Sup. Ct. Ord. AF 07-0157 | Adoption | Adopted Rule 28(c) effective October 1, 2011, enacting the UIDDA in Montana by court rule |
Rule and statute citations verified against the Montana Rules of Civil Procedure and the Montana Code Annotated at the time of writing. Requirements may be amended by the Montana Supreme Court or the Legislature; we confirm current rules on every order.
A rejected filing or a quash motion can cost weeks and blow your discovery window. These are the Montana-specific errors we screen out before anything is submitted.
Montana adopted the UIDDA by court rule — Mont. R. Civ. P. 28(c) — not a “25-20-401” statute that some services cite. We cite the correct authority.
The subpoena is submitted somewhere other than where discovery actually occurs. We file with the district-court clerk in the discovery county.
Montana requires $10 per day plus mileage at the state rate (§ 26-2-501), tendered at service. We tender the correct amount.
A non-party can't be made to travel more than 100 miles, or the subpoena is subject to a quash (Rule 45(d)(3)). We flag it before filing.
Rule 28(c)(2) requires the Montana subpoena to incorporate the foreign subpoena's terms and list all counsel. We mirror it exactly.
The UIDDA covers civil discovery only — not criminal or administrative proceedings. We confirm the matter qualifies up front.
End-to-end handling — no gaps, no hidden handoffs.
We confirm the matter qualifies under Rule 28(c) and identify the correct district court — the county where discovery is sought — before a dollar is spent.
We draft the Montana subpoena to conform to Rule 28(c), mirroring the foreign terms and counsel information.
We submit to the correct district-court clerk and retrieve the issued subpoena in person, typically within 1-3 days.
Three diligent attempts per address under Mont. R. Civ. P. 45, through our statewide process-server network.
A signed PDF affidavit of service confirming full compliance with Montana law — ready for filing.
Our in-house team responds within minutes during business hours with real-time status at every stage.
Every major subpoena type we domesticate in Montana under the UIDDA.
Compels production of documents, records, or electronically stored information. A document-only subpoena requires no personal appearance unless a deposition is also commanded.
Requires personal appearance and testimony. The $10-per-day witness fee plus mileage (§ 26-2-501) is tendered at service.
Requires a witness to appear for a recorded deposition — often combined with document production under Rule 45.
Directs a Montana entity to designate a representative to testify. We serve registered agents statewide.
From solo practitioners to Fortune 500 legal teams — all relying on Served 123 LLC for Montana domestication across all 56 counties.
Running multi-state cases that need testimony or records from witnesses across Montana's 56 counties.
In-house teams handling cross-jurisdictional discovery through Montana's district courts.
Claims teams pulling Montana medical records, depositions, and expert subpoenas under the UIDDA.
Organizations needing end-to-end Montana domestication and records production.
Attorneys who need dependable Montana coverage without a local vendor network across the state.
Support firms outsourcing Montana subpoena domestication for their attorney clients.
We file and serve in all 56 Montana counties — across the state's 22 judicial districts, metro and rural alike. A few of the district courts we work in most often:
Don't see your county? We cover all 56 across Montana's 22 judicial districts — just send your subpoena and the county where discovery is sought.
Straight answers on domesticating and serving an out-of-state subpoena in Montana under the UIDDA.
Send the originating state, the Montana county, and your subpoena PDF. We confirm eligibility, prepare the Montana subpoena to Rule 28(c), file with the district-court clerk, and serve statewide — usually within days.
Served 123 LLC is a process service and litigation-support company, not a law firm. This page is general information about Montana procedure, not legal advice.
