Under Indiana’s Uniform Interstate Depositions and Discovery Act, the foreign subpoena is submitted to a clerk of court in the county where discovery is sought, who promptly issues a local subpoena. The Act requires no Indiana attorney. Served 123 LLC gets it issued and served.
What to Send Us
Every Indiana Order Includes
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Every Indiana County
Served 123 LLC handles subpoena domestications in all 92 counties, and the clerk’s fee is in your quote. The county finder and clerk directory name the office for the county of the discovery and link its official court page. Asking a clerk for issuance is not an appearance in the Indiana courts.
Records-Only Request
Indiana compliance law reaches a subpoena to produce books, documents, records or electronically stored information, so a records-only request goes to the same county clerk by the same route. A hospital custodian may elect to send a certified copy instead, and confidential records follow their own rules, set out below.
Indiana Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Four stops, set by chapter 34-44.5-1 and the Indiana Rules of Trial Procedure it relies on, move a subpoena from another state’s case to a witness wherever in Indiana the discovery takes place.
The foreign subpoena goes to the clerk of a court in the Indiana county where the discovery is sought to be conducted, wherever the case itself is pending.
Under the court’s procedure the clerk promptly issues an Indiana subpoena that, by section 6(c), carries over the foreign subpoena’s terms and lists, on its face or on an attached page, the names, addresses and telephone numbers of every counsel of record and of any party not represented by counsel.
Our server hands the witness a copy, with a tender for a day’s attendance and mileage when T.R. 45(G) requires one, an amount we advance on your quote.
Rule 45(H) calls for proof by affidavit from a server like ours, and you receive that signed affidavit together with the served copy.
Indiana adopted the Uniform Interstate Depositions and Discovery Act (UIDDA) as chapter 34-44.5-1 of the Indiana Code, added by P.L.57-2010; each section below is quoted from the official code.
To request issuance of a subpoena under this chapter that is based on a foreign subpoena, a party must submit the foreign subpoena to the clerk of the court in the county in which discovery is sought to be conducted in Indiana. A request for the issuance of a subpoena under this chapter does not constitute an appearance in a court of this state.
When a party submits a foreign subpoena to the clerk of a court in Indiana, the clerk, in accordance with the court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
A subpoena issued under subsection (b) must: (1) incorporate the terms used in the foreign subpoena; and (2) contain or be accompanied by the names, addresses, and telephone numbers of the following: (A) All counsel of record in the proceeding to which the subpoena relates. (B) Any party not represented by counsel.
A subpoena issued by a clerk of the court under section 6 of this chapter must be served in compliance with all applicable laws concerning service of a subpoena in Indiana.
An application to a court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under section 6 of this chapter must: (1) comply with all applicable Indiana laws; and (2) be submitted to a court in the county in which discovery is to be conducted.
In AO Alfa-Bank v. John Doe (Ind. Ct. App. May 19, 2021), the Court of Appeals vacated a ruling on a motion to quash a foreign subpoena that had never been submitted to the county clerk: “Indiana courts are not granted general, unqualified jurisdiction and authority to enforce or quash foreign subpoenas. Rather, Indiana courts are granted the authority to address foreign subpoenas only where the foreign subpoena has been domesticated pursuant to Indiana Code Chapter 34-44.5-1.”
The court added: “The lack of domestication is a jurisdictional threshold, not a procedural error that can be avoided by waiver or consent of the parties.” In its opinion on rehearing of June 11, 2021, it rejected the Bank’s reliance on a county Board of Judges procedure: “The procedure instituted by the Board of Judges does not confer subject matter jurisdiction upon the trial court.” It closed, “we reaffirm our original opinion in all respects.” No reported Indiana appellate decision has yet interpreted how Trial Rule 34(G) applies to a subpoena issued under section 6 of the Act.
Official texts: Indiana Code Title 34 (chapters 34-44.5-1 and 34-43-1); Indiana Code Title 33 (IC 33-37-10-3); the Indiana Rules of Trial Procedure: Trial Rule 28, Trial Rule 34, Trial Rule 45 and Trial Rule 87; the Indiana Rules of Evidence: Evidence Rule 902 and Evidence Rule 803; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the papers for the county clerk under section 6 of the Act and has the Indiana subpoena served.
Get a Free Quote Online →These cards cover service under section 7 of the chapter and the Indiana Trial Rules it points to: the server, delivery of the copy, tender and witness fees, the affidavit of proof, the place of attendance, compelling attendance, and motions once service is made. For a summons or other court papers, see process service in Indiana.
Section 7 of the chapter: “A subpoena issued by a clerk of the court under section 6 of this chapter must be served in compliance with all applicable laws concerning service of a subpoena in Indiana.” Trial Rule 45(C) names the servers: “A subpoena may be served by the sheriff or his deputy, a party or any person.” Our server serves it under that rule.
IC 34-44.5-1-7; T.R. 45(C)The rest of Rule 45(C): “Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person. Service may be made in the same manner as provided in Rule 4.1, Rule 4.16 and Rule 5(B).” Our server hands the copy to the witness, and the affidavit of service records it.
T.R. 45(C)Rule 45(H): “When a subpoena is served by the sheriff or his deputy, his return shall be proof of service. When served by any other person the service must be shown by affidavit. No fees or costs for the service of a subpoena shall be collected or charged as costs except when service is made by the sheriff or his deputy.” The affidavit is our server’s, signed, and you get it along with the served copy.
T.R. 45(H)Rule 45(F): “The attendance of all witnesses when duly subpoenaed, and to whom fees have been paid or tendered as required by law may be enforced by attachment.” Under section 9 of the chapter, an application to enforce a clerk-issued subpoena goes to a court in the discovery county. That is why any tender Rule 45(G) requires goes out with the subpoena.
T.R. 45(F); IC 34-44.5-1-9Rule 45(D)(2): “An individual may be required to attend an examination only in the county wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of court. A nonresident of the state may be required to attend only in the state and county wherein he is served with a subpoena, or within forty [40] miles from the place of service, or at such other convenient place as is fixed by an order of court.”
T.R. 45(D)(2)Section 33-37-10-3 covers “a witness in an action listed in IC 33-37-4-2, IC 33-37-4-3, IC 33-37-4-4, IC 33-37-4-6, and IC 33-37-4-7,” who “is entitled to the sum of the following: (1) An amount for mileage at the mileage rate paid to state officers for each mile necessarily traveled to and from the court,” and (2) a sum for each day of attendance in court. Rule 45(G) measures the tender by the fees for one day’s attendance and the mileage allowed by law. Section 3.5 of that chapter sets an exception to it.
IC 33-37-10-3; T.R. 45(G)Rule 45(G) ties the tender to travel: service “shall be made by delivering a copy thereof to such person who shall be required to attend outside his county of residence as provided in section (C), and by so tendering to him the fees for one [1] day’s attendance and the mileage allowed by law.” The exception: “Such tender shall not be required to be made to a party who is subpoenaed or to an officer, employee, agent or representative of a party which is an organization, including the estate or any governmental organization, who is being examined upon any matter connected in any way with his employment or with duties to the organization.” When a tender is owed, we advance it on your quote.
T.R. 45(G)The motion is made where the discovery happens, even while the case itself is pending in another state. Section 9 has an application for a protective order, or to enforce, quash or modify, made to a court in the county in which discovery is to be conducted, under all applicable Indiana laws. Rule 45(B) then states the test: the court, “upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.”
IC 34-44.5-1-9; T.R. 45(B)Served 123 LLC handles the Rule 45(C) service, any tender owed and the server’s affidavit.
Get a Free Quote Online →These cards cover an Indiana subpoena that commands production: what the chapter’s compliance section reaches, Indiana’s non-party request rule, objections and copies, the hospital custodian’s options, the federal privacy rule for health information and the sworn certificate that lets a business record prove itself.
Section 8 of the chapter: “All applicable Indiana law concerning compliance with subpoenas to: (1) attend and give testimony; (2) produce designated books, documents, records, electronically stored information, or other tangible things; or (3) allow inspection of premises; applies to subpoenas issued under section 6 of this chapter.” A command to produce records is therefore held to the same Indiana compliance law as a command to testify. For a document request to someone outside the case, Trial Rule 34(G) says: “A witness or person other than a party may be requested to produce or permit the matters allowed by subdivision (A). Such request must be served upon other parties and included in or with a subpoena served upon such witness or person.”
IC 34-44.5-1-8; T.R. 34(G)Rule 34(G) sets the timing: “A request or subpoena to produce or permit as permitted by this rule must not be served upon a non-party until at least ten days after the date on which the party intending to serve such request or subpoena serves a copy of the proposed request and subpoena on all other parties.” The exception: “if such request or subpoena relates to a matter set for hearing within such ten-day period or arises out of a bona fide emergency, such request or subpoena may be served upon a non-party one day after service of the proposed request or subpoena to all other parties.” Afterward: “A party receiving documents from a non-party must serve copies on all other parties within fifteen days of receiving the documents.”
T.R. 34(G)Under Rule 34(G), “Any party objecting to the request or subpoena must serve a written response within ten days of service setting forth the specific grounds for the objection and a proposed date and time to meet and confer under Rule 26(F). If the parties cannot reach an agreement, the objecting party must move to quash or modify as permitted by Rule 45(B) within twenty days of the objection.” The non-party may respond “by submitting to its terms, by proposing different terms, by objecting specifically or generally to the request by serving a written response to the party making the request within thirty days, or by moving to quash as permitted by Rule 45(B).”
T.R. 34(G)Under IC 34-43-1-5, when a “(1) subpoena coupled with a request under Rule 34 of the Indiana Rules of Trial Procedure; (2) subpoena coupled with a patient's written authorization under IC 34-6-2.1-20(2)” or “(3) court order” requiring production of a hospital medical record is served on a hospital employee, “the hospital employee with custody of the original hospital medical record may elect, instead of personally appearing and producing the original hospital medical record, to furnish the requesting party or the party's attorney with a photostatic copy of the hospital medical record, certified in accordance with section 7 of this chapter.” Section 7 of the chapter sets how that copy is certified.
IC 34-43-1-5Section 34-43-1-6: the custodian “shall, upon receipt of payment for the reproduction of the hospital medical records, promptly deliver, by certified mail or personal delivery, copies of the hospital medical records specified in the subpoena to the person specified in the subpoena.” Payment for the copies comes first, then delivery to the person the subpoena names. Section 7 sets what the certification on those copies carries: it “must: (1) be signed by the hospital employee with custody of the hospital medical records; and (2) include: (A) the full name of the patient; (B) the patient’s medical record number; (C) the number of pages in the hospital medical record; and (D) a statement in substantially the following form”. Under section 8 the hospital places the copies “in an envelope or wrapper” that carries “the words ‘Confidential Medical Records’”, “the title and number of the action or proceeding” and “the name and business telephone number of the hospital employee making the certification.”
IC 34-43-1-6 to 34-43-1-8Sections 10 to 12 of chapter 34-43-1 cover three kinds of record: one “confidential under 42 U.S.C. 290dd-3, 42 U.S.C. 290ee-3, or the regulations adopted under those statutes,” one “concerning treatment for mental illness,” and one holding information “confidential under IC 16-41-8-1.” Section 10 sets the custodian’s duties: “The hospital employee with custody of the original medical records shall: (1) execute a verified affidavit: (A) identifying the record or part of the record that is confidential; and (B) stating that the confidential record or part of the record will only be provided under the federal procedure for production of the record; and (2) comply with sections 5 through 8 of this chapter in delivering the record or part of the record that is not confidential under subdivision (1).” Sections 11 and 12 impose the same two duties, with the affidavit stating that the confidential part “will only be provided under a court order after in camera review,” in section 12 “under IC 16-41-8-1.”
IC 34-43-1-10 to 34-43-1-12Indiana’s hospital statute names a court order and a subpoena as separate triggers, and federal privacy law treats them differently too. Backed by an order, a covered entity releases “only the protected health information expressly authorized by such order,” under 45 C.F.R. 164.512(e)(1)(i). A bare subpoena, one “not accompanied by an order of a court or administrative tribunal,” falls under paragraph (e)(1)(ii): the hospital looks for satisfactory assurance from the requesting side that “reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request,” or that “reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section.” Paragraph (e)(1)(vi) lets the hospital disclose “without receiving satisfactory assurance” if it “makes reasonable efforts to provide notice to the individual” meeting paragraph (e)(1)(iii) or “to seek a qualified protective order” meeting paragraph (e)(1)(v).
45 C.F.R. § 164.512(e)(1)(i), (ii), (vi)Indiana Evidence Rule 902 lists records that “require no extrinsic evidence of authenticity in order to be admitted.” Paragraph (11) covers “the original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown by a certification under oath of the custodian or another qualified person,” unless “the source of information or the circumstances of preparation indicate a lack of trustworthiness.” Under Rule 803(6), the record was “made at or near the time by” someone with knowledge or “from information transmitted by” such a person, it was “kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit,” and “making the record was a regular practice of that activity.” The rule’s condition comes “Before the trial or hearing”: the proponent “must give an adverse party reasonable written notice of the intent to offer the record,” and “must make the record and certification available for inspection,” “so that the party has a fair opportunity to challenge them.” A foreign record follows paragraph (12).
Ind. Evid. R. 902(11), (12); 803(6)Served 123 LLC handles the issuance and service of an Indiana subpoena that commands production.
Get a Free Quote Online →Seven mistakes can undo an out-of-state subpoena in Indiana; they range from the papers handed to the clerk to the copy handed to the witness.
Before the subpoena goes out, we hold our papers and our service up against the first six and flag anything to correct. Number seven, a motion, can only arise once the witness is served, and we name the county court that hears it.
Type or choose the Indiana county where the deposition or production happens; the finder names the county clerk’s office that issues there and opens a quote. All 92 offices are in the directory underneath.
How Illinois, Kentucky, Michigan and Ohio handle a foreign subpoena next to Indiana’s chapter 34-44.5-1, whether the law 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 filing rules leave the local-attorney question open.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Indiana | IC 34-44.5-1 (P.L. 57-2010) | No | Clerk of court, discovery county |
| Illinois | 735 ILCS 35 (P.A. 99-79) | Check | Clerk of court, discovery county |
| Kentucky | KRS 421.360 (2008 Ky. Acts ch. 114) | No | Circuit court clerk, discovery county |
| Michigan | MCL 600.2201 to 600.2209 (2012 PA 362) | No | Circuit court clerk, discovery county |
| Ohio | R.C. 2319.09 (eff. Sept. 14, 2016) | No | Clerk of court, discovery county |
Every answer cites the Indiana statute, court rule or official source behind it. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
Section 6 of the Act, in chapter 34-44.5-1, is the working core: the submission, the clerk’s issuance and what the issued subpoena has to carry. Sections 7 and 9 cover service and motions about the subpoena, and the Act section quotes them in full; section 8, on compliance, is quoted in the records card.
The Marion County clerk. Section 6(a) of the Act ties the request to the county where the discovery happens, not to the court hearing the case, so a deposition in Evansville belongs in Vanderburgh County and one in South Bend in St. Joseph County. The county finder maps every ZIP code and incorporated city or town in all 92 counties to its clerk.
No. Section 6(b) of the Act has a party submit the foreign subpoena to the clerk, who issues the Indiana subpoena under “the court’s procedure.” A Trial Rule 28(E) order, sought on an application or a letter rogatory, is a separate route; see the Act section.
Not under the Act, which sets no Indiana-counsel requirement; the Act section quotes who submits the request and why doing so is not an appearance in an Indiana court. We prepare the request for the clerk of the county where the discovery happens.
Attorneys. The Indiana Judicial Branch’s e-filing page says it in six words: “Mandatory e-filing applies to attorneys only.” Trial Rule 87’s own wording, with its line on litigants without a lawyer, is quoted on the filing card in the Act section, beside the Act’s rule on who submits the request. We prepare the clerk’s papers on your order.
The foreign subpoena’s own terms, carried over into the Indiana one, and a contact list covering every lawyer of record and every unrepresented party in the case, both under section 6(c) of the Act. Trial Rule 45(A) adds the face every Indiana subpoena has: the name of the court and the title of the action; see the Act section.
Yes. Trial Rule 45(C) lists a party among those who may serve, alongside the sheriff, a deputy and any other person, and section 7 of the Act requires service in compliance with all applicable Indiana laws. Our server serves it for you and signs the affidavit of service afterward; see who serves it.
Trial Rule 45(C): service upon the person named is made by delivering a copy to that person, and it may be made in the same manner Rules 4.1, 4.16 and 5(B) provide. Our server delivers the copy to the witness, and the affidavit records when and where; see how the copy is delivered.
No. The tender under Trial Rule 45(G) is owed only when the subpoena calls the witness outside the county of residence, and the rule carves out subpoenaed parties and an organization party’s people examined in that role. We advance any tender owed; the tender card quotes the rule in full.
No. Under Trial Rule 45(D)(2), a nonresident of the state attends only in the county where served, within forty miles of the place of service, or at another convenient place a court order fixes. A witness who lives in Indiana attends in the county where he or she lives, works or transacts business in person, or at another convenient place a court order fixes; see where the witness attends.
Our server. Trial Rule 45(H) makes a return the proof only when the sheriff or a deputy serves; when any other person serves, it must be shown by affidavit. That signed affidavit reaches you with the served copy, and proof of service quotes the rule, fees sentence included.
Mileage and a daily attendance sum, but section 33-37-10-3 of the Indiana Code reaches only a witness in an action it lists, and section 3.5 of that chapter carves out an exception; the witness-fee card quotes the mileage item and the actions the section lists.
No. Under section 9 of the Act, a court sitting in the discovery county decides it. For a document subpoena, Trial Rule 45(B) also lets that court deny the motion on the condition that the requesting side advance the reasonable cost of producing the papers; see motions.
No. The Court of Appeals held that an Indiana court can address a foreign subpoena only after it is domesticated under the Act, and it vacated a trial court ruling made without one. That is why every order starts at the county clerk; the case-law note links the decision.
An Indiana court can compel attendance by attachment, provided the witness received the fee tender the law requires. The enforcing attendance card covers Trial Rule 45(F) and its tender condition, and we tell you which Indiana county’s court would hear a motion to enforce.
A party has ten days from service to answer in writing, and that same party then has twenty days from its objection for a Rule 45(B) motion if talks stall. A non-party has thirty days to respond. Those are Trial Rule 34(G) periods, and the objections card quotes each step in the rule’s own words, including the proposal to meet and confer.
Only “promptly.” Section 6(b) of the Act uses that word and sets no count of days. Put your deposition or production date in Requested Deadline, and the written quote confirms the timeline before work begins. We prepare the papers for the right county once it is paid; see the route.
Preparing the papers for the clerk in the right county, including the counsel list section 6(c) of the Act requires, the clerk’s fee and, when you order it, our server’s service with any tender owed and an affidavit of service. One written quote covers it before work begins; see the route.
Allow at least ten days after the other parties get their copy, the Trial Rule 34(G) period, or one day for a matter set for hearing inside that window or a bona fide emergency. Our order plans for that wait before the server goes out; the timing card has the full text.
Yes, if it was still pending on July 1, 2010. Section 11 applies the chapter to requests for discovery in cases pending on that date or filed after June 30, 2010, and the chapter itself was added by P.L.57-2010. See the Act section for the chapter’s own words on each of these points.
Only after the cost of reproducing them is paid, under section 34-43-1-6 of the Indiana Code, and then by certified mail or personal delivery to whoever the subpoena names, so the payment step sets the pace. A record confidential under federal or Indiana law takes a separate path; hospital records sets out each election and its trigger.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
