How to Domesticate an Out-of-State Subpoena in Hawaii
- Mar 13, 2023
- 2 min read
Updated: Feb 25
Navigating the process of enforcing an out-of-state subpoena in Hawaii requires an understanding of the state's legal requirements. Hawaii follows the Uniform Interstate Depositions and Discovery Act (UIDDA) under Hawaii Revised Statutes § 624D-1, which simplifies the domestication process for foreign subpoenas.
Understanding Subpoena Domestication in Hawaii
A subpoena issued in another state does not automatically have legal authority in Hawaii. To be enforceable, it must be domesticated to ensure compliance with Hawaii’s jurisdictional and procedural requirements before it can be enforced.
Hawaii Law on Subpoena Domestication
Under Hawaii Revised Statutes § 624D-1, UIDDA allows an out-of-state party to obtain a Hawaii subpoena without needing to file a formal motion or appear in court. The process involves submitting the subpoena to the appropriate circuit court clerk.
Step-by-Step Guide to Domesticate an Out-of-State Subpoena in Hawaii
1. Obtain a Valid Subpoena from the Issuing State
Before domesticating a subpoena in Hawaii, ensure that the original subpoena complies with the laws of the issuing jurisdiction. The subpoena must clearly specify the requested testimony, documents, or evidence.
2. Submit the Foreign Subpoena to a Hawaii Circuit Court Clerk
Under HRS § 624D-1, an out-of-state party must submit the foreign subpoena to the clerk of the circuit court in the county where discovery is sought. The clerk will then issue a Hawaii subpoena that mirrors the terms of the original subpoena, ensuring compliance with Hawaii Rules of Civil Procedure Rule 45.
3. Ensure Compliance with Hawaii’s Subpoena Requirements
The newly issued Hawaii subpoena must adhere to the following legal requirements:
Providing reasonable time for compliance (Haw. R. Civ. P. 45(c)).
Avoiding undue burden or expense on the subpoenaed party (Haw. R. Civ. P. 45(d)).
Complying with state discovery limitations and procedural rules.
4. Properly Serve the Subpoena
The Hawaii subpoena must be served in accordance with Hawaii Rules of Civil Procedure Rule 4. Acceptable service methods include:
A licensed process server
The county sheriff
An individual authorized under Haw. 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 Haw. R. Civ. P. 45(d), the recipient of a subpoena has the right to object 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 Hawaii circuit court. Non-compliance may result in court-imposed sanctions, including contempt charges.
Why Choose Served 123 LLC for Subpoena Domestication in Hawaii?
Successfully domesticating an out-of-state subpoena in Hawaii requires a thorough understanding of Hawaii Revised Statutes § 624D-1 and Hawaii Rules of Civil Procedure Rule 45. Served 123 LLC specializes in subpoena domestication and process serving in Hawaii, ensuring full legal compliance while minimizing delays and procedural complications.
Our expert 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 Hawaii. Contact us today to get started!
