Mon–Fri 9–5 EST · Nationwide
Subpoena Domestication in Montana | UIDDA | Mont. R. Civ. P. 28(c) | Served 123 LLC

Montana's Discovery Footprint — Billings Regional Medical Corridor + Bakken Oil & Gas

Montana concentrates UIDDA volume in five distinct hubs separated by genuine distance. Yellowstone County (Billings) is Montana's largest metro — and more importantly, Billings Clinic and St. Vincent Healthcare (now part of Intermountain Health) together form the dominant regional academic medical and referral hub for Wyoming, Idaho, North Dakota, and southern Canada. A medical-records subpoena directed at Billings often returns data from patients hundreds of miles away in other states. Missoula County hosts the University of Montana and St. Patrick Hospital. Cascade County (Great Falls) hosts Malmstrom Air Force Base — one of only three remaining U.S. ICBM wings and home to a substantial federal-employment and defense-contractor footprint. Gallatin County (Bozeman) hosts Montana State University plus a fast-growing tech corridor (Oracle Bozeman, Intel Bozeman, and a cluster of homegrown software firms). Lewis and Clark County (Helena) is the state capital. Eastern Montana — Richland, Dawson, Roosevelt, and McCone counties — sits within the Bakken oil and gas formation. Rural service requires scheduling and longer lead times given the distances involved.

Montana E-Filing at mtefile.courts.mt.gov — Mandatory in Expanding Districts

Montana operates the Montana E-Filing system at mtefile.courts.mt.gov, administered by the Office of the Court Administrator. Electronic filing is rolled out judicial-district by judicial-district, and is mandatory for Montana-admitted attorneys in districts that have implemented it — Gallatin (18th District, Bozeman) went mandatory March 17, 2023; Lewis and Clark (1st District, Helena) and several others followed. In districts that have not yet adopted mandatory e-filing, paper or local email filing remains available. Served 123 LLC confirms the target county's e-filing status at intake and routes each order through the correct channel.

Montana UIDDA Overview

Subpoena Domestication in Montana

Montana adopted the Uniform Interstate Depositions and Discovery Act via Montana Rule of Civil Procedure 28(c), effective October 1, 2011 (Montana Supreme Court Order No. AF 07-0157, April 26, 2011). Montana, like Minnesota and several other states, adopted the UIDDA as a court rule rather than a statute — the Montana Supreme Court did so under its inherent authority over rules of court procedure. Rule 28(c) retains the operative provisions of the uniform act and should be interpreted to promote uniformity with other UIDDA states.

Under Rule 28(c), a party submits a foreign subpoena to the clerk of the District Court in the Montana county where discovery is to be conducted. The District Court is Montana's general-jurisdiction trial court. The clerk is directed to promptly issue a Montana subpoena incorporating the terms of the foreign subpoena and containing all counsel of record contact information. Submission does not constitute an appearance in Montana courts, and no court order or judge's signature is required.

Montana has 56 counties organized into 22 judicial districts. The proper venue is the county where the witness resides, is employed, or regularly transacts business (for depositions) or where the documents or premises are located (for production/inspection). Once issued, the Montana subpoena is served in compliance with Mont. R. Civ. P. 45, with statutory witness fees of $10 per day plus mileage (Mont. Code Ann. § 26-2-501) tendered at service for attendance subpoenas.

⚠️ Montana Witness Fees + § 26-2-507 Advance Payment: Montana's statutory witness fee is $10 per day plus mileage — one of the lowest in the country. More importantly, under Mont. Code Ann. § 26-2-507, a witness in a civil action may demand advance payment of witness fees as a condition of attendance. Served 123 LLC tenders the statutory fee at service and handles advance-payment demands on every Montana attendance subpoena to avoid delays.
Same-Day / Next-Day Rush in Five Hub Counties: Same-day or next-day rush service following clerk issuance is available in Yellowstone (Billings), Missoula, Cascade (Great Falls), Gallatin (Bozeman), and Lewis and Clark (Helena). Rural counties (eastern plains, Rocky Mountain Front, Bakken region) require scheduling — we coordinate field runs to minimize overnight holds.
ℹ️ No Local Montana Counsel Required for Routine UIDDA: Submission to the District Court clerk under Rule 28(c) does not require Montana Bar admission and does not constitute an appearance. Out-of-state attorneys may domesticate subpoenas across all 56 Montana counties without retaining Montana counsel. Montana counsel is needed only if motions to quash or enforcement proceedings arise, or if the target district's mandatory e-filing requires a Montana-admitted attorney to submit through the system.
Montana UIDDA Submission Packet
📄 Foreign Subpoena

Properly issued subpoena from the originating state, signed by the issuing court

📜 Montana Subpoena

Prepared per Rule 28(c)(4) incorporating foreign subpoena terms — issued by Montana District Court clerk

👥 Counsel Listing

Names, addresses, and telephone numbers of all counsel of record and unrepresented parties per Rule 28(c)(4)(B)

💳 Clerk Fee + Witness Tender

Montana District Court filing fee + statutory $10/day + mileage witness tender per § 26-2-501

Montana's Five Hub Counties — Same-Day / Next-Day Rush
BIL
South-Central · Regional Medical Hub
Yellowstone County · Billings

Montana's largest metro. Billings Clinic and St. Vincent Healthcare (Intermountain Health) form the dominant regional academic medical center and referral hub serving Wyoming, Idaho, North Dakota, and southern Canada. ExxonMobil Billings Refinery, Phillips 66 Billings Refinery. Montana State University Billings. 13th Judicial District.

MSO
Western MT · University Hub
Missoula County · Missoula

University of Montana flagship campus. St. Patrick Hospital, Providence St. Patrick. Washington Companies HQ, First Interstate Bank regional operations. 4th Judicial District. Gateway to western Montana recreation and Bitterroot Valley.

GTF
North-Central · Defense & ICBM
Cascade County · Great Falls

Malmstrom Air Force Base — one of three remaining U.S. ICBM wings with 150 Minuteman III silos across north-central Montana. Benefis Health System. Substantial defense-contractor, federal-employment, and military-family discovery. 8th Judicial District.

BZN
Southwest MT · University + Tech
Gallatin County · Bozeman

Fastest-growing Montana county. Montana State University (land-grant research flagship). Oracle Bozeman, Intel Bozeman, and a cluster of homegrown Bozeman tech firms. Bozeman Health (Deaconess). Mandatory e-filing since March 17, 2023. 18th Judicial District.

HLN
Central MT · State Capital
Lewis and Clark County · Helena

Montana's state capital. All state executive agencies, Montana Supreme Court, Montana Legislature. St. Peter's Health. Mandatory e-filing in effect. 1st Judicial District. Government and institutional discovery hub.

Montana Legal Authority

  • Mont. R. Civ. P. 28(c): UIDDA — foreign subpoena to District Court clerk; clerk shall promptly issue Montana subpoena; filing ≠ appearance (eff. October 1, 2011 per Sup. Ct. Order AF 07-0157)
  • Mont. R. Civ. P. 28(c)(4): Montana subpoena must incorporate foreign subpoena terms and contain counsel contacts
  • Mont. R. Civ. P. 28(c)(5): Service in compliance with Mont. R. Civ. P. 45
  • Mont. R. Civ. P. 28(c)(6): Motions to quash, enforce, or modify filed in District Court in county where discovery is conducted
  • Mont. R. Civ. P. 45: Montana subpoena form, service, witness fee tender, and enforcement
  • Mont. Code Ann. § 26-2-501: Witness fees — $10 per day attendance plus mileage
  • Mont. Code Ann. § 26-2-506: Subpoenaing party pays witness fees (with exceptions)
  • Mont. Code Ann. § 26-2-507: Demand for advance payment of witness fees in civil action — distinctly Montana
  • Montana E-Filing: mtefile.courts.mt.gov — statewide system, mandatory by judicial district as adopted
Step-by-Step

How It Works in Montana

From intake to affidavit — correct District Court clerk identified, Montana E-Filing or paper submission (depending on district), witness fee tender prepared, and service across all 56 Montana counties under Mont. R. Civ. P. 45.

1

Submit Your Foreign Subpoena

Use the order form at the top of this page or email info@served123.com. Include the originating state, the Montana county where the recipient is located, and your foreign subpoena PDF. Note the subpoena type and your target service date. For Billings Clinic or St. Vincent medical-records subpoenas, flag this at intake so we apply the Billings regional referral records workflow.

2

Proper County + Judicial District Identified

We confirm the correct Montana county — where the witness resides, is employed, or regularly transacts business (for depositions) or where the documents/premises are located (for production/inspection). Filing with the wrong District Court restarts the clock. All 56 counties, 22 judicial districts covered.

3

Montana Subpoena Prepared

We prepare the Montana subpoena incorporating the terms of the foreign subpoena per Rule 28(c)(4)(A), and append the names, addresses, and telephone numbers of all counsel of record and unrepresented parties per Rule 28(c)(4)(B). Filing fee confirmed.

4

Montana E-Filing or Paper Filing — Fee Advanced

We file with the correct District Court clerk — via Montana E-Filing at mtefile.courts.mt.gov where the target judicial district has implemented mandatory e-filing (Gallatin, Lewis and Clark, and expanding districts), or by paper/email filing in districts that have not. Filing fee confirmed and advanced. Typical turnaround: 2 to 4 business days.

⚠️ Montana's e-filing rollout is district-by-district, not statewide simultaneous. We verify the target district's status at intake and route through the correct channel every time.
5

Montana Subpoena Issued

The District Court clerk issues the Montana subpoena under Rule 28(c), incorporating foreign subpoena terms and all counsel contact information. The Montana subpoena becomes the operative document for service under Mont. R. Civ. P. 45.

6

Witness Fee Tender + Service

For attendance subpoenas, we prepare the statutory witness fee tender required by Mont. Code Ann. § 26-2-501 ($10/day + mileage) and handle any advance-payment demand under § 26-2-507. Service coordinated statewide: same-day / next-day rush in the five hub counties; scheduled field service in rural plains, mountain, and Bakken counties.

7

Affidavit of Service Delivered

You receive a signed affidavit of service confirming full compliance with Montana's UIDDA (Rule 28(c)), Mont. R. Civ. P. 45, and the statutory witness fee tender — ready for immediate filing in your originating state court.

Legal Authority

Montana UIDDA Rule & Statutory Reference

Mont. R. Civ. P. 28(c) (Montana UIDDA, effective October 1, 2011), Rule 45 (service), and Mont. Code Ann. §§ 26-2-501 / 506 / 507 (witness fees) governing every Montana subpoena domestication.

AuthoritySubjectKey Provision
Mont. R. Civ. P. 28(c)(1)Definitions"Foreign jurisdiction," "foreign subpoena," "person," "state," "subpoena" (attendance, document production, premises inspection)
Mont. R. Civ. P. 28(c)(2)SubmissionForeign subpoena submitted to clerk of Montana District Court in county where discovery is conducted; submission does not constitute an appearance
Mont. R. Civ. P. 28(c)(3)IssuanceDistrict Court clerk shall promptly issue Montana subpoena upon submission, in accordance with the court's procedure
Mont. R. Civ. P. 28(c)(4)Subpoena ContentsMust: (A) incorporate foreign subpoena terms; (B) contain or be accompanied by names, addresses, and telephone numbers of all counsel of record and unrepresented parties
Mont. R. Civ. P. 28(c)(5)ServiceMontana subpoena served in compliance with Mont. R. Civ. P. 45
Mont. R. Civ. P. 28(c)(6)MotionsApplications to quash, enforce, or modify filed in District Court in county where discovery is conducted
Mont. Code Ann. § 26-2-501Witness Fees$10 per day attendance + mileage for witnesses in courts of record and before certain court officers
Mont. Code Ann. § 26-2-507Advance PaymentWitness in civil action may demand advance payment of fees as condition of attendance — distinctly Montana

*District Court filing fees confirmed with each clerk before submission. All 56 Montana counties covered across 22 judicial districts. Same-day / next-day rush available in five hub counties: Yellowstone (Billings), Missoula, Cascade (Great Falls), Gallatin (Bozeman), Lewis and Clark (Helena). Note: Montana adopted the UIDDA as a court rule under the Montana Supreme Court's inherent authority over court procedure — Sup. Ct. Order No. AF 07-0157, April 26, 2011, eff. October 1, 2011.

Service Package

What's Included With Every Montana Order

End-to-end Montana UIDDA handling across all 56 counties — District Court clerk filing, Montana E-Filing where district is live, statutory witness fee and advance-demand handling, Rule 45 service, and signed affidavit.

Submission Packet

Foreign subpoena, Montana subpoena prepared per Rule 28(c)(4), counsel listing, and letter of request to the District Court clerk.

Correct County Confirmed

We confirm the proper Montana county + judicial district at intake. All 56 counties, 22 judicial districts covered.

Montana E-Filing or Paper

Montana E-Filing where the judicial district has implemented mandatory e-filing; paper or local email filing in districts that have not. Filing fee advanced.

Montana Subpoena Issued

District Court clerk issues the Montana subpoena under Rule 28(c), incorporating foreign subpoena terms. 2–4 business days typical.

Witness Fee + Advance Demand

Statutory $10/day + mileage prepared per § 26-2-501. Advance-payment demand under § 26-2-507 handled when applicable — a distinctly Montana wrinkle.

Affidavit of Service

Signed affidavit confirming full UIDDA compliance — Rule 28(c), Mont. R. Civ. P. 45, and § 26-2-501 witness fee tender.

Subpoena Types

Types We Domesticate in Montana

All major subpoena types under Montana's UIDDA rule — with $10/day witness fee tender and statewide service across all 56 counties.

👤

Deposition Subpoena (Attendance)

Commands personal testimony at deposition. Issued by the Montana District Court clerk in the proper county. Statutory $10/day + mileage witness fee tender prepared per § 26-2-501. Advance-payment demand under § 26-2-507 handled when applicable. Service per Rule 45.

📄

Document Production (Duces Tecum)

Compels production of documents, records, or ESI. Issued alongside or as a standalone production subpoena. Common for Billings refinery records (ExxonMobil, Phillips 66), Bozeman tech operations, and state-government records in Helena.

🏥

Billings Regional Medical Records

Billings Clinic and St. Vincent Healthcare (Intermountain Health) are the dominant medical-records target in the Northern Rockies. As a regional academic referral hub, Billings serves Wyoming, Idaho, North Dakota, and southern Canada patients — medical-records subpoenas often return data from out-of-state patients seen in Billings. We handle the Billings regional records workflow on every order.

🛡️

Malmstrom AFB & Defense

Malmstrom Air Force Base (Great Falls) — one of three remaining U.S. ICBM wings with 150 Minuteman III silos across north-central Montana. Defense contractor, federal employment, military-family, and security-clearance-related discovery route through Cascade County.

Who We Serve

Who Uses Our Montana Service?

From Billings and Missoula to Great Falls, Bozeman, Helena, Kalispell, the Bakken, and every rural Montana county — Served 123 LLC handles subpoena domestication across all 56 counties with e-filing coordination and $10/day witness fee tender built into every order.

⚖️

Law Firms

Out-of-state attorneys requiring discovery from Montana witnesses, regional medical centers, defense installations, and energy companies — E-Filing coordination, witness fee tender, and advance-payment demand handled.

🏥

Regional Healthcare & Medical Records

Counsel needing records from Billings Clinic, St. Vincent Healthcare, Bozeman Health Deaconess, Benefis Health (Great Falls), St. Peter's (Helena), St. Patrick (Missoula), Kalispell Regional, and Montana's rural critical-access hospital network. All 56 counties covered.

🛡️

Defense & Federal Employment

Counsel targeting Malmstrom AFB and Montana's defense contractor, federal agency, and military-family witness pool. ICBM-wing-specific discovery, security clearance matters, and federal employment disputes.

Energy — Bakken & Refineries

Counsel targeting eastern Montana Bakken oil and gas operators (Richland, Dawson, Roosevelt, McCone counties) and the Billings refinery corridor (ExxonMobil Billings, Phillips 66 Billings). Product liability, environmental, and commercial energy discovery.

🛡️

Insurance Defense

Claims teams needing Montana deposition testimony, medical records, and accident subpoenas — across all 56 counties with statutory $10/day witness fee tender on every attendance order.

🔍

Litigation Support

Legal support firms outsourcing Montana UIDDA work — we handle e-filing routing (Montana E-Filing where live, paper where not), filing fee advancement, witness fee tender, § 26-2-507 advance demand, and statewide Rule 45 service.

Common Questions

Montana Subpoena Domestication FAQ

The most common questions about domesticating subpoenas in Montana — including Rule 28(c), Montana's district-by-district e-filing rollout, the $10/day witness fee plus § 26-2-507 advance-payment demand, and Billings regional medical records.

Yes. Montana adopted the Uniform Interstate Depositions and Discovery Act via Montana Rule of Civil Procedure 28(c), effective October 1, 2011 (Montana Supreme Court Order No. AF 07-0157, April 26, 2011). Montana is one of several states that adopted the UIDDA as a court rule rather than as a statute. A foreign subpoena is submitted to the clerk of the District Court in the Montana county where discovery is to be conducted, and the clerk is directed to promptly issue a Montana subpoena. Filing does not constitute an appearance in Montana courts.
The District Court clerk in the Montana county where discovery is to be conducted. Montana has 56 counties organized into 22 judicial districts, and the District Court is Montana's general-jurisdiction trial court. For a deposition, the proper county is where the witness resides, is employed, or regularly transacts business. For document production or premises inspection, it is the county where the documents or premises are located.
Several distinct Montana hubs drive discovery volume. Yellowstone County (Billings) is Montana's largest metro and home to Billings Clinic and St. Vincent Healthcare — together the dominant regional academic medical center and referral hub for Wyoming, Idaho, North Dakota, and southern Canada. Missoula hosts the University of Montana and St. Patrick Hospital. Cascade County (Great Falls) hosts Malmstrom Air Force Base — one of three remaining U.S. ICBM wings, generating significant defense-contractor and federal employment discovery. Gallatin County (Bozeman) hosts Montana State University and a fast-growing tech corridor (Oracle, Intel, and numerous Bozeman-headquartered software firms). Lewis and Clark County (Helena) is the state capital. Eastern Montana — Richland, Dawson, Roosevelt, and McCone counties — sits within the Bakken oil and gas formation, producing substantial energy-industry discovery.
No. Local Montana counsel is not required for routine UIDDA issuance. Submission to the District Court clerk does not constitute an appearance in Montana courts. Montana counsel is typically needed only if objections, motions to quash, enforcement proceedings, or other substantive court hearings arise.
Yes, in districts that have implemented it. Montana operates the statewide Montana E-Filing system at mtefile.courts.mt.gov, administered by the Office of the Court Administrator. Electronic filing is rolled out by judicial district, with mandatory e-filing already in effect in several of Montana's largest counties — including Gallatin (Bozeman, mandatory March 2023), Lewis and Clark (Helena), and expanding districts. Montana E-Filing registration is restricted to Montana-admitted attorneys, but authorized filers can coordinate submission. In districts that have not yet adopted mandatory e-filing, paper filing and local email-filing remain available. Served 123 LLC confirms the target county's e-filing status at intake.
District Court clerk issuance typically completes within 2 to 4 business days of submission, depending on whether the target county is on the statewide E-Filing system and on local clerk volume. Service on the witness generally follows within 1 to 7 business days depending on county and witness location — longer in Montana than in many states because of its geography (147,000 square miles, 56 counties, some rural counties hours from a major hub). Same-day and next-day rush service is available in the five Montana hub counties — Yellowstone (Billings), Missoula, Cascade (Great Falls), Gallatin (Bozeman), and Lewis and Clark (Helena).
Under Mont. Code Ann. § 26-2-501, witnesses are entitled to $10 per day plus mileage for travel. Under § 26-2-507, advance payment of witness fees may be demanded in civil actions — a Montana-specific wrinkle worth noting. Witness fees and mileage are tendered at the time of service. Served 123 LLC prepares the statutory witness fee tender as part of every Montana attendance service.
View all subpoena domestication FAQs →