Under Civil Rule 45.1, Alaska’s version of the Uniform Interstate Depositions and Discovery Act, the foreign subpoena is submitted to any judicial district’s clerk of court, who promptly issues a local one. The rule requires no Alaska attorney. Served 123 LLC gets it issued and serves the witness.
What to Send Us
Every Alaska Order Includes
Skip tracing is available if the address turns out to be bad.
Every Alaska Borough and Census Area
Served 123 LLC handles subpoena domestications in all 30 boroughs and census areas, and whatever the court charges is in your quote. The borough finder and its court directory list the court locations serving each one, each with a link to its official court page. The clerk of court for any judicial district can issue it, wherever in the state the witness lives or works.
Records Subpoenas Follow the Same Rule
Rule 45.1 treats a demand to produce books, documents, records, electronically stored information or tangible things as a subpoena too, so a records-only request goes to the same clerk of court and is served under Civil Rule 45(c) like any other.
Alaska Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Four stops, each fixed by Alaska Civil Rule 45.1 or Civil Rule 45, take the out-of-state subpoena to a witness in Alaska.
A party submits the foreign subpoena to the clerk of court for any Alaska judicial district; Civil Rule 45(d)(3) says Rule 45.1 defines the procedure for issuing a subpoena for deposition and discovery in an out-of-state action.
Following its own procedure, the clerk promptly issues an Alaska subpoena that must incorporate the foreign terms and contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record and of any party not represented by counsel.
Our server, an adult who is not a party, hands the witness a copy and tenders one day’s attendance fee and the mileage the rule sets.
Proof of service is made by affidavit, and our server’s sworn affidavit comes back to you.
Under Alaska Civil Rule 45(d)(1), the person served may serve a written objection to inspection or copying of the designated materials within 10 days after service. Days count under Civil Rule 6(a): the day of service is left out, and a last day on a weekend or legal holiday moves to the next court day.
Alaska took up the Uniform Interstate Depositions and Discovery Act (UIDDA) as a rule of court, not a statute. Below, its text from the Alaska Rules of Civil Procedure: where the request goes, what the clerk does and how service is made.
To request issuance of a subpoena under this section, a party must submit a foreign subpoena to the clerk of court for any judicial district to conduct discovery in this state.
A request for the issuance of a subpoena under this rule does not constitute an appearance in the courts of this state.
When a party submits a foreign subpoena to a clerk of 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 by a clerk of court under subsection (b) must be served in compliance with Civil Rule 45(c).
Rule 45.1 defines the procedure for the issuance of a subpoena for deposition and discovery in an out-of-state action.
No reported Alaska appellate decision has yet interpreted Civil Rule 45.1; the rule’s own text governs submission, issuance and service. Its note says the rule is derived from the Uniform Interstate Depositions and Discovery Act.
Official texts: Alaska Rules of Civil Procedure 6, 26 to 37, 45 and 45.1; Alaska Administrative Rules 7, 9 and 16; Alaska Rule of Evidence 902; AS 44.12.010 to 44.12.025; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the Rule 45.1 request for the clerk and has the Alaska subpoena served.
Get a Free Quote Online →Rule 45.1(c) hands service to Civil Rule 45(c): who can serve, how the fee is tendered, and how service is proved. For a summons or other court papers, see process service in Alaska.
A peace officer, or any other person who is not a party and is at least 18 years old. The court system’s own subpoena instructions count licensed process servers and police officers among them.
Civ. R. 45.1(c); 45(c); Alaska Court System instructions, How to Subpoena a WitnessThe server gives the person named a copy and, at the same time, tenders the fees for one day’s attendance and the mileage set by rule. When the subpoena is issued on behalf of the state or a municipality, fees and mileage need not be tendered.
Civ. R. 45(c)Registered or certified mail counts only when the clerk sends it, for delivery to the person subpoenaed alone, with a warrant or postal money order for the fees enclosed unless not required under this rule. Administrative Rule 9 sets the court’s charge for that certified or registered mailing, and the party provides postage.
Civ. R. 45(c); Admin. R. 9(e)(6)A deposition witness whose testimony is necessary and material to the action receives $12.50 when attendance, counting travel to and from home, takes three consecutive hours or less, and $25.00 a day when it takes longer. Travel over 30 miles from the witness’s residence is paid round trip at the state employee rate. We advance the fee and mileage Rule 45(c) requires on the same written quote.
Admin. R. 7(a), (b)Within one judicial district. A resident of the district where the deposition is taken can be required to attend anywhere in it; a nonresident of that district, or of Alaska, who is served here can be required to attend anywhere in the district of service. A court order can set otherwise.
Civ. R. 45(d)(2)Rule 45.1(d) applies Alaska’s deposition and discovery rules, Civil Rules 26 to 37, to the subpoena the clerk issues. Among them is Rule 30(b): a party taking a deposition upon oral examination gives reasonable notice in writing to every other party to the action.
Civ. R. 45.1(d); 30(b)A request for a protective order, or to enforce, quash or modify the subpoena, follows Alaska’s rules or statutes and goes to the Alaska court location that issued the subpoena. On deposition matters, Civil Rule 26(c) also lets the court in the judicial district where the deposition is to be taken make a protective order.
Civ. R. 45.1(e); 26(c)Civil Rule 45(c) requires proof of service by affidavit. Under the court system’s instructions, the person who served the witness provides that proof by making a written statement of the facts of service, such as the date and time, the document handed to the witness and the name of the person serving, and signing it. The signature must be notarized.
Civ. R. 45(c); court instructions, How to Subpoena a WitnessServed 123 LLC handles the Rule 45(c) service and the server’s sworn affidavit.
Get a Free Quote Online →A subpoena that asks only for documents, what a written objection does to records commanded with a deposition, what federal privacy law asks before a provider releases health records, and how the Alaska Rules of Evidence treat certified business records.
Rule 45.1 counts as a subpoena any document, however named, requiring a person to produce and permit inspection and copying of designated books, documents, records, electronically stored information or tangible things in that person’s possession, custody or control.
Civ. R. 45.1(a)(5)(B)A deposition subpoena may also command production of designated papers and things. Once the person served objects in writing, the serving party may inspect and copy the material only under an order of the court from which the subpoena was issued.
Civ. R. 45(d)(1)A custodian or another qualified person can certify, under penalty of perjury, the original or a duplicate of a record of regularly conducted activity for admission in an Alaska proceeding: made at or near the time by, or from information transmitted by, a person with knowledge, kept in the course of that activity and made as a regular practice, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. A party relying on the certification must serve the other parties notice and make the documents available for copying at least 20 days before the hearing, unless the court shortens the time for good cause.
Alaska R. Evid. 902(11)A HIPAA covered entity may answer a subpoena for health records without a court order once the requesting party gives written assurance of reasonable efforts to notify the patient or to secure a qualified protective order. For notice, the party’s written statement must show “a good faith attempt to provide written notice to the individual,” notice detailed enough to let the patient object, and that “the time for the individual to raise objections to the court or administrative tribunal has elapsed,” and that “no objections were filed” or all objections “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)(ii)–(iii)Served 123 LLC handles the issuance and service of an Alaska records subpoena.
Get a Free Quote Online →Where an Alaska foreign subpoena tends to go wrong, from the clerk’s window to the witness’s door, and the court that hears a motion after service.
We check the papers we prepare and the service we make against the first six traps below and tell you what needs fixing. A motion to quash comes after service, and we tell you which court it goes to.
Search or pick a borough or census area, then start a quote; the court directory below lists the court locations serving each one.
How Washington, Oregon and Hawaii adopted the Act next to Alaska’s court rule, whether the Act itself requires a local attorney and who issues the subpoena, each from the state’s own statute or rule. “Check” marks a state whose own court rules or forms leave the local-attorney question open.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Alaska | Alaska R. Civ. P. 45.1 (Supreme Court Order 1853, 2015) | No | Clerk of court, any judicial district |
| Washington | RCW ch. 5.51 (2012 c 95; 2023 c 193) | No | Clerk of court, discovery county |
| Oregon | ORCP 38 C | Check | Clerk of court, discovery county |
| Hawaii | HRS ch. 624D (Act 17, 2012) | Check | Clerk of court, discovery circuit |
Every answer cites the Alaska rule or court source behind it. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
Civil Rule 45.1, which the supreme court adopted to implement the Uniform Interstate Depositions and Discovery Act, sets the steps from submission to issuance and requires service in compliance with Civil Rule 45(c). The rule section quotes its key sentences, including the Civil Rule 45(d)(3) cross-reference to Rule 45.1.
No. Rule 45.1(b)(1) has a party make the submission and says that asking for issuance is not an appearance in Alaska’s courts, so the rule calls for no local lawyer. Served 123 LLC prepares the papers for the clerk and serves the witness once it issues; the rule section quotes the text.
The clerk of court for any judicial district: Rule 45.1(b)(1) has the foreign subpoena submitted there, to conduct discovery in Alaska, so the request need not go to the clerk where the witness lives. Use the finder to see which court locations serve a borough or census area.
On October 15, 2015, the effective date of the rule the justices adopted in Order 1853 that April; the same order amended Civil Rules 28 and 45(d). The note to Rule 45.1 says the rule derives from the uniform act, and the rule section names the order and its date.
Two things the rule adds: the terms used in the foreign subpoena, and contact details (names, addresses, telephone numbers) for every counsel of record and for any party without a lawyer, either on its face or attached. That is Rule 45.1(b)(3); the route shows where it fits.
Delivering a copy to the person it names and tendering the fees for one day’s attendance and the mileage prescribed by rule. Rule 45.1(c) makes Civil Rule 45(c) the service rule for a domesticated subpoena, and Handing It Over With the Fee covers the detail.
No, a party to the action cannot. Civil Rule 45(c) leaves service to a peace officer or to an adult of 18 or older who is not a party, and the court system’s instructions count licensed process servers among them; Peace Officers and Adult Non-Parties cites both sources.
Only by the court. The court system’s instructions say a subpoena can be served by registered or certified mail only if the court mails it, and Rule 45(c) has the clerk address it for delivery to that person alone. Mail sent by a party is not service under the rule; Mail Service Belongs to the Clerk covers what the clerk encloses.
By affidavit. Civil Rule 45(c) makes a sworn affidavit the proof, so an unsworn return of service falls short, one of the common traps. Our server swears to the facts of service and the signed affidavit comes back to you, and Proving Service by Affidavit cites the rule and the court system’s instructions.
Yes, for a deposition upon oral examination. Civil Rules 26 to 37 reach a Rule 45.1 subpoena, and Rule 30(b) has the deposing party serve reasonable written notice on every other party to the action; Notice of the Deposition cites both rules.
Through an Alaska subpoena issued on it: Rule 45.1(b)(2) has an Alaska clerk issue a subpoena for service on the person the foreign one names, and that Alaska paper is served under Civil Rule 45(c). Once served, the witness can object in writing to inspection or copying of materials a deposition subpoena designates, or seek relief at the issuing court location; see Motions to Quash or Protect.
For a deposition subpoena that also commands production of designated books, papers, documents, or tangible things, Civil Rule 45(d)(1) lets the person served serve a written objection to inspection or copying of those materials on the attorney designated in the subpoena, within 10 days after service or by the time set for compliance if that comes first. The objection calculator counts the days under Civil Rule 6(a).
The serving party loses the right to inspect on its own. Under Civil Rule 45(d)(1), it may inspect and copy the objected materials only under an order of the court that issued the subpoena, and an objection can reach some or all of them. An Objection Stops Inspection covers records commanded together with a deposition.
At the Alaska court location that issued it, under Rule 45.1(e), following Alaska’s own rules. For a documents subpoena, Civil Rule 45(b) also lets the court void or modify one that is unreasonable and oppressive on a motion made promptly, and no later than the compliance time. Motions to Quash or Protect covers Rule 45.1(e).
Not beyond one judicial district, unless a court orders it. Civil Rule 45(d)(2) lets a resident of the district where the deposition is taken be required to attend anywhere in that district, and a nonresident, including one from out of state served here, anywhere in the district where served; see Where the Witness Can Be Made to Attend.
Yes, in a civil case. Under Administrative Rule 7(e), a witness may demand travel expense and a day’s per diem fee before attending and cannot be compelled to attend until the allowances are paid. The right does not apply when the state, a municipality, a borough, a city or one of their officers or agencies issued the subpoena.
Everything on the What to Send Us list. One item has no field of its own: contact information for all counsel, which the issued subpoena must contain or be accompanied by under Rule 45.1(b)(3)(B) (see the route). Put it under Special Instructions or send it with the subpoena; the order form has a field for each of the rest.
Whatever the issuing court location charges for the request is part of our one written quote, with document preparation and service, so you approve one price. Administrative Rule 9 is the court’s fee schedule, and Mail Service Belongs to the Clerk names the rule that sets the clerk’s mailing charge.
Administrative Rule 7 sets $12.50 for attendance of three hours or less, travel time counted, $25.00 a day beyond that, and round-trip mileage at the state employee rate past 30 miles from the witness’s home. Witness Fees Under Administrative Rule 7 sets out the rates and who advances the fee and mileage.
No number of days is set. Rule 45.1(b)(2) says only that the clerk shall promptly issue the subpoena, following that court’s procedure, so the time depends on the court location. We prepare the request and follow it until the subpoena issues; the route shows each stop.
The period runs to the next day that is not a Saturday, Sunday or legal holiday, under Civil Rule 6(a), which also leaves out the day of service. Alaska’s holidays include Seward’s Day on the last Monday of March and Alaska Day on October 18; the calculator builds them in.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
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Nearby States: Washington · Oregon · Hawaii
