Under the Uniform Interstate Depositions and Discovery Act, a foreign subpoena is submitted in the county where discovery occurs, and the clerk issues it. That request requires no Nevada attorney. Served 123 LLC handles the steps to domesticate a subpoena in Nevada.
What to Send Us
Special Instructions can take the county and all counsel.
Every Nevada Order Includes
Skip tracing is available if the address turns out to be bad.
Every Nevada County
Served 123 LLC works with the clerk in each of Nevada’s 17 counties, and the clerk’s fee for that court is in your quote. Not sure of the county? The county finder works from the town where discovery takes place, such as Paradise or Spring Valley.
Documents Subpoena
A records subpoena takes the same clerk route, but your side must serve each party a notice and copy at least 7 days before the witness is served, and medical records may land sealed with the clerk. Put your notice date under Special Instructions so the quote fits the job.
Nevada Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Nevada’s statute is short, and the work sits in Rule 45, NRS Chapter 648 and the local court’s practice: a 7-day wait on records subpoenas, a rule for paid servers and, in Clark, a new case. Here is who does what.
We prepare the Nevada papers around the foreign subpoena, and your side signs whatever needs a signature.
The clerk issues the subpoena, under a new case number in Clark, and we handle that step with the clerk’s office, including where a court’s electronic filing system applies.
Before trial, your side serves each party a notice and copy at least 7 days ahead, and we hold the subpoena until that time has run.
When you order service, our server delivers the subpoena, and we advance any tender owed on your quote.
Our server certifies the date, manner and person served, and we handle getting that statement back to you.
Rule 45(c)(2)(B): “The person making the objection must serve it before the earlier of the time specified for compliance or 14 days after the subpoena is served.” Enter the service date of a documents or inspection subpoena and this counts the 14-day side the way Rule 6(a) does.
The rule says before the earlier of two times, so a compliance date inside this window comes first, and the objection should not wait for the last day. A party’s own 7-day period after notice under Rule 45(a)(4)(B) is separate.
A planning aid, not legal advice: it cannot know a holiday declared later or a court order setting another time.
These are the words of Nevada’s version of the uniform act (UIDDA) and the rules around it, on where the request goes, who issues the subpoena, what it holds, how it is served and where a motion goes.
To request the issuance of a subpoena pursuant to this section, a party must submit a foreign subpoena to the clerk of a court in the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena pursuant to this section does not constitute an appearance in the courts of this State.
When a party submits a foreign subpoena to the clerk of a court in this 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 pursuant to 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.
Served 123 LLC prepares the Nevada papers, with the counsel list the statute requires, for your side to sign.
Get a Free Quote Online →A subpoena issued by a court in another state or territory of the United States that is directed to a person in Nevada must be presented to the clerk of the district court in the county in which discovery is sought to be conducted. A subpoena issued under NRS Chapter 53 may be served under this rule.
A subpoena issued by the clerk of a court pursuant to NRS 53.170 must be served and enforced in compliance with Rule 45 of the Nevada Rules of Civil Procedure or Rule 45 of the Justice Court Rules of Civil Procedure.
An application to a court for a protective order or to enforce, quash or modify a subpoena issued by the clerk of the court pursuant to NRS 53.170 must comply with all applicable rules of court and laws of this State and be submitted to the court in the county in which discovery is to be conducted.
All subsequent proceedings involving the request or the issuance of a subpoena, including show cause proceedings, must be commenced by pleadings or papers bearing the case number as assigned above.
No reported Nevada appellate decision has yet interpreted NRS 53.170, the clerk step. Quinn v. Eighth Judicial District Court, 134 Nev. 25 (2018), reads the uniform act from the other direction, a Nevada trial reaching for witnesses in another state. Quinn held the district court “had no authority to enforce out-of-state subpoenas issued to out-of-state nonparty witnesses”, and said a motion to enforce or quash belongs in the discovery state.
Official texts: NRS Chapter 53, NRCP, EDCR, NEFCR, WDCR, NRS Chapter 19, NRS Chapter 50, NRS Chapter 52, NRS Chapter 236, NRS Chapter 648, 45 C.F.R. 164.512. General information, not legal advice. The official text controls.
Send us the foreign subpoena and we handle the clerk step with the discovery county.
Get a Free Quote Online →Once issued, the Nevada subpoena is served and enforced under Rule 45, as NRS 53.180 requires. For a summons or other court papers, see process service in Nevada.
Rule 45(b)(1): “Any person who is at least 18 years old and not a party may serve a subpoena, as appropriate under Rule 4.2 or 4.3.” That line settles age and party status, and the next card covers anyone doing it for pay.
NRCP 45(b)(1)NRS 648.014 reaches a person “who engages in the business of serving legal process within this State”, peace officers aside. Under NRS 648.063, a person without a license “who performs a single act for which a license is required has engaged in the business”.
NRS 648.014; NRS 648.063(1)NRS 648.063(2) spares a natural person who serves “Without compensation”, “On behalf of a litigant who is a natural person and is not a business entity” and “Not more than three times each calendar year”. All three must apply. NRS 648.018 also leaves out, among others, attorneys doing their duties, bona fide employees serving for an employer, and law enforcement on duty.
NRS 648.063(2); NRS 648.018Rule 45(b)(1) points to Rule 4.2, which lists delivery to the individual personally, leaving a copy at the “dwelling or usual place of abode with a person of suitable age and discretion who currently resides therein and is not an adverse party to the individual being served”, and delivery to an authorized agent. “As appropriate” does not say which fits a subpoena. Rule 45(b)(2) allows service “at any place within the state”.
NRCP 45(b)(1)–(2); NRCP 4.2(a)When a subpoena requires attendance, Rule 45(b)(1) says “the serving party must tender the fee for 1 day’s attendance and the mileage allowed by law”. NRS 50.225(6) adds that, in a civil action or other proceeding, a person “is not obligated to appear” unless paid. We advance any tender owed, and it goes on your quote.
NRCP 45(b)(1); NRS 50.225(6)NRS 50.225 sets $25 for each day’s attendance plus federal standard mileage “for attending a court of the county in which the witness resides”, “from and returning to the place of residence”, and a county may adopt the state travel allowance instead. The section does not say how it fits a deposition. Rule 45(b)(1) still calls for tender.
NRS 50.225; NRCP 45(b)(1)Rule 45(b)(6) calls, when proof is necessary, for a filing with the issuing court showing the date, the manner and the persons served, and “The statement must be certified by the server.” In Clark, that paper carries the assigned case number.
NRCP 45(b)(6); EDCR 2.80(d)A court must quash or modify a subpoena that requires travel to a place “more than 100 miles from the place where that person resides, is employed, or regularly transacts business in person”, unless the person is commanded to attend trial within Nevada. The measure is distance, not a county line.
NRCP 45(c)(3)(A)(ii)For a documents or inspection subpoena before trial, Rule 45(a)(4)(A) says “at least 7 days before it is served on the person to whom it is directed, a notice and a copy of the subpoena must be served on each party”. Your side serves that notice, and our server starts once that time has run.
NRCP 45(a)(4)(A)A party may object on privilege, confidentiality or other protection, within 7 days, with a motion for a protective order. Then “the subpoena may not be served, unless revised to eliminate the objected-to commands, until the court that issued the subpoena has ruled”. Allow for that against the home case’s discovery cutoff.
NRCP 45(a)(4)(B)On timely motion, the issuing court must quash or modify a subpoena that “fails to allow reasonable time for compliance”, that overreaches on travel, that “requires disclosure of privileged or other protected matter and no exception or waiver applies”, or that “subjects a person to an undue burden”.
NRCP 45(c)(3)(A)An application for a protective order, or to enforce, quash or modify, goes “to the court in the county in which discovery is to be conducted” under NRS 53.190. In Clark it carries the case number from the request. The Nevada Supreme Court in Quinn describes the same design in the discovery state.
NRS 53.190; EDCR 2.80(d)Order service with the domestication and one server carries it from the clerk’s subpoena to the certified statement.
Get a Free Quote Online →A documents subpoena takes the same clerk route, then Rule 45’s own notice and objection clocks. For medical records, Nevada’s custodian statutes change where the records go, and the federal rule at 45 C.F.R. 164.512(e) sits on top.
A person told to produce “need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial”. The route to the clerk stays the same, since the Act’s definition of a subpoena reaches documents.
NRCP 45(c)(2)(A)(i); NRS 53.160If records reach the issuing party with no appearance, that party must, “unless otherwise stipulated by the parties or ordered by the court, promptly copy or electronically reproduce the documents or information” and “serve these items on every other party”.
NRCP 45(c)(2)(A)(ii)A party objects on privilege, confidentiality or other protection, with “a motion for a protective order”, within 7 days after notice. The witness objects before the compliance time or 14 days after service, if earlier; then the serving party may not inspect, copy, test or sample “except by order of the court that issued the subpoena”.
NRCP 45(a)(4)(B), (c)(2)(B)NRS 52.260 lets a business record “be proved by the original or a copy of the record which is authenticated by a custodian of the record or another qualified person in a signed affidavit”. The custodian or that other person signs it, and the home court decides what it accepts.
NRS 52.260NRS 52.325 says a custodian of medical records “sufficiently complies” by delivering a copy, personally or by mail, “to the clerk of the court issuing the subpoena”, at or before the return time. The custodian signs an affidavit that it is a true and complete copy.
NRS 52.325NRS 52.335 keeps the record with the clerk “in a sealed container supplied by the custodian of the medical record”, marked with the contents, the patient and the case, and unopened except under that section. The requester should not plan on a package arriving at the office.
NRS 52.335For discovery, “counsel may stipulate for, or in the absence of stipulation the court may order”, delivery of the record to the deposition officer or copies to the parties who asked for them. Plan a stipulation or a motion in Nevada.
NRS 52.365The section “does not apply to X-ray films or to any other portion of a medical record which is not susceptible to photostatic reproduction”. If the custodian must attend in person, NRS 52.355 says the subpoena “shall clearly state such demand”.
NRS 52.325; NRS 52.355A health care provider also answers to 45 C.F.R. 164.512(e). With a court order, paragraph (e)(1)(i) permits disclosure of “only the protected health information expressly authorized by such order”. A subpoena alone falls under (e)(1)(ii) and needs what the next cards describe.
45 C.F.R. 164.512(e)(1)(i)–(ii)Under (e)(1)(ii)(A), the provider receives satisfactory assurance that reasonable efforts were made to notify the individual. Paragraph (e)(1)(iii) shows it by a written statement of a good faith attempt at written notice, with enough detail to object, and an objection time that passed with none filed or with all resolved.
45 C.F.R. 164.512(e)(1)(ii)(A), (iii)The other assurance, under (e)(1)(ii)(B) and (iv), is that reasonable efforts were made to secure a qualified protective order, agreed by the parties and presented to the court, or requested from the court. It limits the information to this case and requires return or destruction at the end.
45 C.F.R. 164.512(e)(1)(ii)(B), (iv), (v)Paragraph (e)(1)(vi) also lets a covered entity disclose on a subpoena without that assurance, if it makes reasonable efforts itself to give the notice or seek the order. Rule 45(c)(2)(B) leaves the provider its own objection window either way, so plan for questions.
45 C.F.R. 164.512(e)(1)(vi); NRCP 45(c)(2)(B)Tell us early if the records are medical, so the production date leaves room for the clerk step and what the provider will ask.
Get a Free Quote Online →Each of these points comes from a Nevada statute, court rule or court fee schedule.
We check the papers we prepare against NRS 53.170 and Rule 45 before service, and we raise anything that needs your decision. A motion comes later, and that one is for your side.
Search or pick the county where the discovery will be conducted to see which clerk’s office issues the subpoena there, then start a quote; the directory below lists all 17 counties.
Each office comes from its county or court page, or the Nevada Judicial Directory.
How Arizona, California, Idaho, Oregon and Utah treat a foreign subpoena beside Nevada’s NRS 53.170: the governing law, whether it requires a local attorney and who issues the subpoena, each from that state’s own text. “No” means that state’s text requires none; “Check” means that state’s text leaves the point to its filing rules.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Nevada | NRS 53.100 et seq. (added 2011) | No | Clerk of a court, discovery county |
| Arizona | Ariz. R. Civ. P. 45.1 (Order R-12-0022, 2013) | No | Clerk of the superior court, discovery county |
| California | Cal. Code Civ. Proc. §§ 2029.100 to 2029.900 (Stats. 2008 ch. 231) | No | Clerk of the superior court, discovery county (or a California attorney) |
| 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 |
| Oregon | ORCP 38 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 |
Short answers on filing, service, witnesses and cost in Nevada. For the wider picture, see our Subpoena Domestication FAQ. General information, not legal advice.
Not for the request under the statute, which frames it as something a party submits and says it is no appearance. A later motion stands differently, because Nevada’s court rules apply to it. See Who Must E-File in Nevada on the electronic system.
Clark’s local rule, EDCR 2.80, has the clerk number the request, so the Nevada file stands apart from the home case and an order to show cause later uses that number. Courts outside Clark follow their own procedure under the statute. See The Discovery County Clerk.
The statute looks to where discovery is sought to be conducted, so settle the place first, because that picks the clerk. Residence still matters under the travel limit in Rule 45. The county finder names the county from a town if you are unsure where a location sits.
Not on the words of the foreign-subpoena texts. Rule 45(a)(3) lets an attorney authorized in the issuing court sign a subpoena, yet Rule 45(b)(5) and the statute both send an out-of-state paper to the clerk, and neither swaps in an attorney’s signature. See Who Issues It.
Yes. The statute’s definition of a state takes in the District of Columbia, Puerto Rico, the Virgin Islands and any territory or insular possession under United States jurisdiction, provided a court of record stands behind the subpoena. A foreign country is not on that list, so ask counsel first. See What Counts as Foreign.
Only a nonparty, under Rule 45(b)(1), and NRS Chapter 648 then governs anyone doing it as a business. Ordering service with us places that work with our server. A client serving on their own should read Who the Chapter Leaves Out before relying on a friend.
Not in so many words. Rule 45 ties service to what suits the job under Rule 4.2, a rule written for summonses that also covers a dwelling and an agent, and it stops short of naming one for a subpoena. If a witness proves hard to reach, raise it early with counsel and on the form. See Rule 4.2 Methods, Statewide.
Yes, under Rule 45(b)(2), subject to the travel protection in Rule 45(c)(3)(A)(ii). The place of service and the place of attendance are separate questions, so a subpoena handed over in Elko can still be quashed for the distance it demands. See Four Grounds in the Rule.
Only when proof of service is necessary, under Rule 45(b)(6), so the need comes from the case. The filing goes to the issuing court. Tell us on the form if you expect to need one for the home case, and see A Server’s Certified Statement for what it shows.
Not when it seeks documents or an inspection before trial, because Rule 45(a)(4)(A) puts party notice ahead of service. If someone objects on privilege in time and moves for protection, a court ruling or narrower commands must come first. See Seven Days Before Service.
A $25 daily fee and round-trip mileage at the federal rate; the mileage clause speaks of a court in the witness’s home county, and a county board may swap in the state travel allowance. Rule 45(b)(1) makes tender part of service when attendance is commanded, though the statute’s wording is aimed at courts and similar proceedings rather than depositions by name. See $25 a Day Plus Mileage.
Yes in a civil action or other proceeding, on the words of subsection 6 of the statute: a person is not obligated to appear until paid a day’s fee, any county per diem and reimbursable travel. Whether a witness may rely on that at a deposition is a question for counsel, so do not leave it to the day. See Fee and Mileage Go With It.
Yes. Rule 45(c)(3)(A)(ii) sets the line at 100 miles from where the person resides, works or regularly does business, and a trial command within Nevada is the exception. A motion over a longer trip goes to the court in the county where discovery takes place. See A Distance Limit on Travel.
A Nevada court in the county of discovery, as the statute directs, and not the court where the suit is pending. Your Nevada counsel or a self-represented party brings it there, with Nevada’s rules of court and laws governing the motion. See The Discovery County.
Not necessarily. NRS 52.325 lets a custodian answer the subpoena by delivering to the clerk of the issuing court, where the copy stays sealed under the statute. Getting it out then takes a stipulation among counsel or a court order. See Medical Records Go to the Clerk.
Before the earlier of the compliance time or 14 days after service, under Rule 45(c)(2)(B), so a short return date shortens the window. The date calculator counts the 14-day side, and the parties run a separate 7-day period after notice. See Seven Days, Then Fourteen.
Document preparation, the clerk’s fee for that court and service, when you order it, in one written figure before any work begins. Rule 45 also calls for a tender when attendance is commanded; we advance any such amount and it appears as its own line on the same quote. Give us the county of discovery so the figure fits that court. See Fee and Mileage Go With It.
Not by any statewide line in the statute, which leaves procedure to each court. The clerk’s fee for any of Nevada’s 17 counties is in one written quote, so tell us where discovery will take place and the figure will fit that court. See Local Rules Elsewhere.
Only the word “promptly” in the statute, under that court’s procedure, with no count of days, so timing rests with each office. Put your deadline on the quote form, with any production or deposition date in the foreign subpoena, so the quote reflects it from the start. See Who Issues It.
Work back from the date. Rule 45 requires reasonable time for compliance, a records subpoena needs its notice period before service, and a privilege motion can hold service until a ruling. The Nevada paper carries the foreign terms, so a tight date is best fixed before the request goes in. See A Timely Objection Stops Service.
The statute ties the Nevada subpoena to the foreign terms, so a new date touches both papers. Confirm the change with all counsel, then send us the updated foreign subpoena. Whether the clerk issues again depends on that court’s procedure, and we will say what it takes first. See What the Nevada Subpoena Must Hold.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
Questions? Call (800) 321-2377
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