Under the Uniform Interstate Depositions and Discovery Act, a foreign subpoena is submitted to the prothonotary or clerk where the witness lives, works or does business, who issues it. The Act requires no Pennsylvania attorney. Served 123 LLC handles the filing and service, one quote.
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Served 123 LLC handles subpoena domestications in all 67 Pennsylvania counties. The county finder names the prothonotary for the witness’s county, and the directory lists each address.
Documents Subpoena
A records subpoena runs on its own clock: written notice to every other party at least 20 days before service, then 20 days for the witness to produce, under Rules 4009.21 and 4009.26. Medical records add the steps set out below. Your written quote confirms the path, before you pay.
Pennsylvania Subpoena Domestication Order
One written quote covers document preparation, any issuer’s or clerk’s fee and service if ordered.
Under § 5335, the foreign subpoena is submitted to a county prothonotary, who issues the Pennsylvania subpoena on it. Each row of the table carries its statute or rule, and the numbered stops show who does what, in order.
| Point | Pennsylvania | Statute or Rule |
|---|---|---|
| Law | The Uniform Interstate Depositions and Discovery Act, Act 183 of 2012 | 42 Pa.C.S. §§ 5331-5337 |
| Venue | The prothonotary where the witness resides, is employed or regularly does business in person | § 5335(a) |
| Who Issues | The prothonotary, promptly, under that court’s procedure | § 5335(b) |
| Local Attorney | None named; the request is not an appearance | § 5335(a) |
| Fee | The prothonotary’s charge, if any, is stated in your written quote | § 5335(b) |
| Service | Any adult, under Rule 402(a) or by restricted-delivery mail with a return receipt | Rule 234.2(b); Rule 402(a) |
| Witness Fee | Five dollars a day and 7 cents a circular mile, tendered on demand at service | § 5903; Rule 234.2(c) |
| Records Notice | Written notice to every other party at least 20 days before service | Rule 4009.21(a) |
| Time Limits | Records and a certificate of compliance within 20 days after service | Rule 4009.26; 4009.23(a) |
| Motions | Quash under Rule 234.4; protective orders under Rule 4012 | Rule 234.4; § 5337 |
Your subpoena comes to us with the witness, the county and the counsel list, and your written quote sets out the steps before you pay.
We prepare the Pennsylvania subpoena on the foreign terms, with the names, addresses and phone numbers of all counsel.
The prothonotary in the witness’s county issues it under that court’s procedure.
Your side serves every other party the 20-day notice of a records subpoena and files the certificate, or gives written notice of a deposition.
Our server delivers a copy to the witness, with the day’s fee and mileage advanced when the witness demands it.
The server’s verified return of service comes back to you, signed.
The Rule 4009.26 form orders the witness to produce “Within twenty (20) days after service of this subpoena”, and Rule 4009.23(a) sets the certificate of compliance on the same twenty days. Under Pa.R.J.A. 107, the day of service is left out, and a last day on a Saturday, Sunday or legal holiday is omitted from the count.
A later production date written in the subpoena controls instead.
A planning aid, not legal advice. It does not see a federal holiday kept on a Friday or Monday in place of a weekend date, a day the prothonotary’s office closes, or a court order setting another time. Each can only make the date later; if a date is close, ask counsel.
Pennsylvania adopted the Uniform Interstate Depositions and Discovery Act by Act 183 of 2012. The quotations below are § 5335: where the request goes, who issues it and what the Pennsylvania subpoena must contain.
To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a prothonotary in the jurisdiction in which the person who is the subject of the order resides, is employed or regularly transacts business in person. A request for the issuance of a subpoena under this subchapter does not constitute an appearance in the courts of this Commonwealth.
Served 123 LLC prepares the Pennsylvania subpoena and handles the prothonotary step.
Get a Free Quote Online →A prothonotary in receipt of a foreign subpoena shall, in accordance with that court's procedure, promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed.
A subpoena under subsection (b) must: (1) Incorporate the terms used in the foreign subpoena. (2) 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.
Official texts: 42 Pa.C.S. § 5331, § 5332, § 5333, § 5334, § 5335, § 5336 and § 5337; 42 Pa.C.S. § 5903, § 6152 and § 6155; Pa.R.C.P. 234.1, 234.2, 234.4, 234.6, 402, 4007.1, 4008, 4009.21, 4009.22, 4009.23, 4009.26 and 4012; Pa.R.J.A. 107; Pa.R.E. 902; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the papers under the Act, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →These cards cover who may serve, the three methods, the fee and mileage owed, deposition notice and distance, the return and where a motion goes. For a complaint or other court papers, see process service in Pennsylvania.
Rule 4009.22(b) says a records subpoena “shall be served in the manner provided by Rule 234.2(b).” That rule, which § 5336 carries over, reads: “A copy of the subpoena may be served upon any adult within the Commonwealth by an adult.”
Pa.R.C.P. 234.2(b); 4009.22(b)Rule 234.2(b) lists how a copy reaches the witness. The first two methods read: “(1) in the manner prescribed by Rule 402(a); (2) by any form of mail requiring a return receipt, postage prepaid, restricted delivery.”
Pa.R.C.P. 234.2(b)(1), (2)Rule 234.2(b)(3) adds a third method, service “by ordinary mail” carrying the Rule 234.9 Notice and Acknowledgment. The note to the rule adds: “A subpoena served by ordinary mail is not enforceable unless the witness acknowledges having received it.”
Pa.R.C.P. 234.2(b)(3) and NoteRule 234.2(c) reads: “The fee for one day's attendance and round trip mileage shall be tendered upon demand at the time the person is served with a subpoena. If a subpoena is served by mail, a check in the amount of one day's attendance and round trip mileage shall be enclosed with the subpoena.”
Pa.R.C.P. 234.2(c)The note to Rule 234.2(c) sends witness pay to § 5903. There a witness “shall be paid at the rate of $5 per day during the necessary period of attendance”, and “shall be paid mileage at the rate of 7¢ for each mile circular actually and necessarily travelled between the place named in the subpoena and the place of residence of the witness.”
42 Pa.C.S. § 5903(b), (c); Pa.R.C.P. 234.2(c), NoteSection 5903(a) states its own reach: it applies “to a witness served with a subpoena to testify before any government unit (except the minor judiciary) or before the Philadelphia Municipal Court”. The rule note sends subpoena witnesses to that section, and neither text sets a separate figure for a deposition.
42 Pa.C.S. § 5903(a)Rule 4007.1(a) reads: “A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action”, and the notice must “state the time and place of taking the deposition”.
Pa.R.C.P. 4007.1(a)Under Rule 4007.1(e), a named organization “shall serve a designation of one or more officers, directors, managing agents, or other persons who consent to testify on its behalf”, and “a subpoena shall advise a non-party organization of its duty to make such a designation.”
Pa.R.C.P. 4007.1(e)Rule 234.1(d) gives no day count for a testimony subpoena, only a standard. It reads: “A subpoena shall be served reasonably in advance of the date upon which attendance is required.”
Pa.R.C.P. 234.1(d)Rule 234.1(c) bars one use: “A subpoena may not be used to compel a person to appear or to produce documents or things ex parte before an attorney, a party or a representative of the party.”
Pa.R.C.P. 234.1(c)Rule 4008 reads: “If a deposition is to be taken by oral examination more than one hundred miles from the courthouse, the court upon motion may make an order requiring the payment of reasonable expenses, including attorney's fees, as the court shall deem proper.”
Pa.R.C.P. 4008The Rule 234.6 form puts the return on the “Reverse side of Subpoena”, and the server signs two lines: “I verify that the statements in this return of service are true and correct.” and “I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.”
Pa.R.C.P. 234.6Rule 234.4(b) reads: “A motion to quash a subpoena, notice to attend or notice to produce may be filed by a party, by the person served or by any other person with sufficient interest.” A protective order under Rule 4012(a) comes “Upon motion by a party or by the person from whom discovery or deposition is sought, and for good cause shown, the court may make any order which justice requires”.
Pa.R.C.P. 234.4(b); 4012(a)Section 5337(a) says an application “to enforce, quash or modify a subpoena issued by a prothonotary under section 5335” must “be submitted to the court that ordered service of the subpoena.” A prothonotary issues under § 5335 without a court order, and the Act names no court for that case. Once heard, § 5337(b) lets the court use Pennsylvania law, including “Chapter 59 (relating to depositions and witnesses)”.
42 Pa.C.S. § 5337(a), (b)Served 123 LLC handles the service, any fee the witness demands and the signed return of service.
Get a Free Quote Online →These cards follow a records subpoena from the 20-day notice through objections, the certificate, production and copies, then the medical-records statute and the federal HIPAA rule.
Section 5336 names Rule 4009.21 first, and its subdivision (a) reads: “A party seeking production from a person not a party to the action shall give written notice to every other party of the intent to serve a subpoena at least twenty days before the date of service. A copy of the subpoena proposed to be served shall be attached to the notice.”
Pa.R.C.P. 4009.21(a); 42 Pa.C.S. § 5336“Any party may object to the subpoena by filing of record written objections and serving a copy of the objections upon every other party to the action.” Then: “If objections are received by the party intending to serve the subpoena prior to its service, the subpoena shall not be served. The court upon motion shall rule upon the objections and enter an appropriate order.”
Pa.R.C.P. 4009.21(c), (d)(1)Rule 4009.22(a) lets the subpoena go out “only if it is identical to the subpoena attached to the notice of intent to serve the subpoena and if the party seeking production has filed of record a certificate”. The note adds: “The twenty-day notice period may be waived and the certificate modified accordingly.” “For the form of the certificate, see Rule 4009.25.”
Pa.R.C.P. 4009.22(a) and NoteThe note to Rule 234.1 reads: “The twenty-day notice requirement of Rule 4009.21(a) is not applicable to a subpoena issued under Rule 234.1 in connection with a deposition.” Records named for the deposition arrive then: “The materials shall be produced at the deposition and not earlier, except upon the consent of all parties to the action.”
Pa.R.C.P. 234.1, Note; 4007.1(d)(2)The Rule 4009.26 form tells the witness: “Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things”. Rule 4009.23(a) has the witness “execute a certificate of compliance and deliver it with the documents or things produced to the party serving the subpoena within twenty days of service.”
Pa.R.C.P. 4009.26; 4009.23(a)The same form adds: “You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance”, and “You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.” Under Rule 4009.23(a), “a form of certificate to be executed and delivered shall be served with the subpoena.”
Pa.R.C.P. 4009.26; 4009.23(a)Rule 4009.23(b) reads: “The party receiving documents and things pursuant to the subpoena shall give notice of receipt to every other party to the action”, and the same party “upon the payment of reasonable cost shall (1) furnish a legible copy of each document to any other party who requests a copy and (2) allow reasonable access to the things to any other party who requests access.”
Pa.R.C.P. 4009.23(b)A health care provider served with a records subpoena has its own answer. Under 42 Pa.C.S. § 6152(a), “it shall be deemed a sufficient response to the subpoena if the health care provider or health care facility notifies the attorney for the party causing service of the subpoena, within three days of receipt of the subpoena, of the health care provider's or facility's election to proceed under this subchapter.”
42 Pa.C.S. § 6152(a)After its expenses are paid, the provider “shall within 30 days deliver, by first class mail, certified mail, return receipt requested, or by personal delivery, legible and durable copies” of the records. Its charges move each year: “The amounts which may be charged shall be adjusted annually beginning on January 1, 2013, by the Secretary of Health of the Commonwealth”.
42 Pa.C.S. § 6152(a), (c)When a court orders the records, the covered entity “discloses only the protected health information expressly authorized by such order”. A prothonotary’s subpoena with no order behind it falls under disclosure “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal”.
45 C.F.R. § 164.512(e)(1)(i)-(ii)Under § 6155(a), “Any patient whose medical charts or records are copied and delivered pursuant to this subchapter, any person acting on such patient's behalf and the health care facility having custody of the charts or records” “shall have standing to apply to the court or other body before which the action or proceeding is pending for a protective order denying, restricting or otherwise limiting access to and use of the copies or original charts and records.”
42 Pa.C.S. § 6155(a)Pa.R.E. 902 lists records that “they require no extrinsic evidence of authenticity in order to be admitted”. Under 902(11), a domestic business record qualifies “as shown by a certification of the custodian or another qualified person”. The rule adds: “Before the trial or hearing, the proponent must give an adverse party reasonable written notice of the intent to offer the record”, and the proponent “must make the record and certification available for inspection”.
Pa.R.E. 902(11)For the notice route, the party’s written statement and papers show: “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);” “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 time for the individual to raise objections to the court or administrative tribunal has elapsed, and:” “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.”
45 C.F.R. § 164.512(e)(1)(iii)For the order route, the papers show: “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” “The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal.” Such an order “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)(iv)-(v)For a records request, we prepare the papers under the Act, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →Each of these points comes from a Pennsylvania statute or rule. Most sit in the records notice, the mail rules or the county choice.
Before service, we compare the papers we prepare with the rules and raise anything that needs your input.
The foreign subpoena goes to the prothonotary of the county where the witness resides, works or regularly does business in person. Type a town, city or ZIP code to find the county.
The Unified Judicial System county prothonotary list names each prothonotary under its county.
A witness just over a state line falls under that state’s route instead. “No” reflects each state’s own rule text; “Check” means that state’s filing rules for an out-of-state requester need confirming first.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Pennsylvania | 42 Pa.C.S. §§ 5331-5337 (Act 183 of 2012) | No | Prothonotary where the witness resides, works or does business |
| Delaware | 10 Del. C. § 4311 (eff. July 12, 2010) | Check | Superior Court Prothonotary, discovery county |
| Maryland | Md. Code, Cts. & Jud. Proc. § 9-402 | Check | Clerk of the circuit court, discovery county |
| New Jersey | N.J. Court Rule 4:11-4(b) (eff. Sept. 1, 2014) | Check | A New Jersey attorney or the Clerk of the Superior Court |
| New York | N.Y. CPLR 3119 (eff. Jan. 1, 2011) | No | County clerk where discovery is sought, or a New York attorney |
| Ohio | R.C. 2319.09 (S.B. 171, eff. Sept. 14, 2016) | Check | Clerk of court, discovery county |
| West Virginia | W. Va. Code §§ 56-12-1 to 56-12-8 | Check | Clerk of court, discovery county |
Each answer cites a Pennsylvania statute or rule. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
The witness’s. § 5335(a) keys the county to the person named in the subpoena, by home, job or regular business there in person. The statute section quotes the test word for word, and the county directory lists the issuing office for all 67 counties, each with its street address.
No. Section 5335(a) lets a party submit the foreign subpoena and says the request is not an appearance in the courts of this Commonwealth. A later motion is a separate matter: § 5337(a) says it must comply with Pennsylvania rules and statutes. The court card covers that section and the gap it leaves.
Pennsylvania’s own form with the foreign case carried over. The prothonotary issues a subpoena in the Rule 234.6 form, and a records subpoena follows Rule 4009.26. Section 5335(c) lists what it must carry from the foreign subpoena and about counsel, and the statute section quotes that list in full.
Not under the Act. Section 5335(b) gives the duty to the prothonotary, who on receipt of a foreign subpoena shall promptly issue a subpoena for service on the person named, in accordance with that court’s procedure. The section names no judge’s step before issuance and no number of days. The statute section quotes the duty.
Yes. Section 3 of Act 183 of 2012 carried the Act into discovery requests in cases already pending when it took effect, 60 days after October 24, 2012, so an older case filed elsewhere can still use the prothonotary route. The statute section quotes the enactment note in its own words.
Yes. Section 5335(d) lets a witness in Pennsylvania who was not served under that section cooperate of their own accord, whether by speaking or by turning over papers and items, for a case heard outside Pennsylvania. The statute section carries the full text of § 5335(d).
Yes. Rule 234.2(b) lets an adult serve a copy on any adult within the Commonwealth, and § 5336 applies Pennsylvania’s subpoena service rules to a subpoena the prothonotary issues. Service under Rule 402(a) and restricted-delivery mail with a return receipt are the main methods, set out on the methods card.
Only with the witness’s acknowledgment. Rule 234.2(b)(3) allows ordinary mail carrying the Rule 234.9 Notice and Acknowledgment, and the note to the rule says such a subpoena is not enforceable unless the witness acknowledges receiving it. The rule text is on the mail card.
A verified return signed by the server. Rule 234.6 places it on the back of the subpoena form itself, and the server signs it subject to the penalties of 18 Pa.C.S. § 4904 for unsworn falsification to authorities. The proof card quotes both lines of the form.
Every other party to the action. Under Rule 4007.1(a), a party taking a deposition upon oral examination gives reasonable notice in writing stating its time and place. A testimony subpoena skips the records notice period, as the note to Rule 234.1 says. See the deposition notice card.
Five dollars a day of necessary attendance and 7 cents a mile, circular, between the place named and the witness’s home, under 42 Pa.C.S. § 5903. Rule 234.2(c) says when that money is owed at service and how it travels with a mailed subpoena; the tender card quotes the rule, and the witness fee card quotes § 5903.
Written objections filed of record, with a copy served on every other party, under Rule 4009.21(c). If the objections reach the serving party before service, the subpoena is not served, and the court rules on them upon motion, under Rule 4009.21(d)(1). The objection card quotes both subdivisions word for word.
Rule 234.4(b) opens the motion to the parties, to the witness served and to anyone else with sufficient interest, and a protective order is a second path. The motions card quotes both rules, and the court card covers which court hears them.
The Act leaves that open. A § 5335 subpoena issues from the prothonotary with no judge’s order behind it, while the motion section speaks of the court that ordered service, so no court is named for this case. Once a court takes the motion, it may use Pennsylvania’s contempt and deposition laws and Rules 4011 and 4012. The court card quotes both subsections.
Under 42 Pa.C.S. § 6152, a provider may tell the subpoenaing attorney within three days that it elects to proceed by copies, and that attorney then notifies the other parties. The copies then follow on the schedule and by the methods the statute sets. The election card quotes the notice, and the copies card quotes the delivery terms.
Yes, for a subpoena with no court order. Under 45 C.F.R. § 164.512(e)(1)(ii) and (vi), the provider needs satisfactory assurance that the patient had notice or that a qualified protective order was sought, or it makes those efforts itself. A court order allows only what it expressly authorizes. The HIPAA cards quote each condition.
Day 20 after service. Rule 4009.23(a) adds a certificate of compliance, due with the records in that same window. Weekends, holidays and the service day itself follow the counting rule of Pa.R.J.A. 107, which the calculator applies to find Day 20. The production card quotes the form.
At least twenty days before the date of service, with a copy of the proposed subpoena attached, under Rule 4009.21(a). That period may be waived, and the certificate is then modified to match, per the note to Rule 4009.22(a). Service waits for the filed certificate. See the notice card and the certificate card after it.
In your written quote, before you pay, beside document preparation and service. § 5335(b) has the prothonotary issue the subpoena in accordance with that court’s procedure, and the quote names the charge for the county where your witness resides, works or does business. The route section sets out each step in order.
Yes, in advance. The Rule 4009.26 form gives the witness that right before producing, and it also allows copies to go by mail with the certificate of compliance, whose form is served with the subpoena under Rule 4009.23(a). The form’s own words are on the copies card.
Three parts, priced before you pay: preparing the Pennsylvania subpoena, the prothonotary’s charge, if any, and service if you order it, with the § 5903 witness fee when the witness demands it. Send us the witness’s name, the county and whether the subpoena seeks testimony, records or both. The route section names who does each step.
One written quote covers document preparation, any issuer’s or clerk’s fee and service if ordered.
Questions? Call (800) 321-2377
Nearby States: Delaware · Maryland · New Jersey
