How to Domesticate an Out-of-State Subpoena in Colorado
- Mar 18, 2023
- 2 min read
Updated: Feb 25
Enforcing an out-of-state subpoena in Colorado requires adherence to state law and proper legal procedures. Colorado follows the Uniform Interstate Depositions and Discovery Act (UIDDA), codified under Colorado Revised Statutes § 13-90.5-101, which streamlines the domestication process for foreign subpoenas.
Understanding Subpoena Domestication in Colorado
A subpoena issued in another state does not automatically have legal authority in Colorado. It must be domesticated to ensure compliance with state laws and procedural requirements before it can be enforced.
Colorado Law on Subpoena Domestication
Under C.R.S. § 13-90.5-101, Colorado’s adoption of UIDDA allows an out-of-state party to obtain a Colorado subpoena without requiring a formal petition or court appearance. The process involves submitting the subpoena to the appropriate district court clerk.
Step-by-Step Guide to Domesticate an Out-of-State Subpoena in Colorado
1. Obtain a Valid Subpoena from the Issuing State
Before domesticating a subpoena in Colorado, ensure that the original subpoena complies with the laws of the originating jurisdiction. The subpoena must clearly specify the requested testimony, documents, or evidence.
2. Submit the Foreign Subpoena to a Colorado District Court Clerk
Under C.R.S. § 13-90.5-103, an out-of-state party must submit the foreign subpoena to the clerk of the district court in the county where discovery is sought. The clerk will then issue a Colorado subpoena that mirrors the terms of the original subpoena, ensuring compliance with Colorado Rules of Civil Procedure Rule 45.
3. Ensure Compliance with Colorado’s Subpoena Requirements
The newly issued Colorado subpoena must adhere to the following legal requirements:
Providing reasonable time for compliance (Colo. R. Civ. P. 45(c)).
Avoiding undue burden or expense on the subpoenaed party (Colo. R. Civ. P. 45(d)).
Complying with the state's discovery limitations and procedural rules.
4. Properly Serve the Subpoena
The Colorado subpoena must be served in accordance with Colorado Rule of Civil Procedure 4. Acceptable service methods include:
A licensed process server
The county sheriff
An individual authorized under Colo. R. Civ. P. 4(d)
Proper documentation of service is required to ensure the subpoena is legally enforceable.
5. Handling Objections and Motions to Quash
Under Colo. R. Civ. P. 45, the recipient of a subpoena has the right to object based on legal grounds such as privilege, undue hardship, or jurisdictional concerns. If objections arise, the requesting party may need to petition the court to enforce compliance.
6. Enforcing Compliance or Filing a Motion to Compel
If a subpoenaed party refuses to comply, the requesting party can file a motion to compel in the Colorado district court. Non-compliance may result in court-imposed sanctions, including contempt charges.
Why Choose Served 123 LLC for Subpoena Domestication in Colorado?
Successfully domesticating an out-of-state subpoena in Colorado requires an in-depth understanding of C.R.S. § 13-90.5-101 and Colorado Rules of Civil Procedure Rule 45. Served 123 LLC specializes in subpoena domestication and process serving in Colorado, ensuring full legal compliance while minimizing delays and procedural complications.
Our experienced team ensures accuracy at every step, so you can focus on your legal matters without unnecessary hurdles.
Consider Served 123 LLC for professional and efficient subpoena domestication services in Colorado. Contact us today to get started!
