Under the Uniform Interstate Depositions and Discovery Act, a foreign subpoena is submitted in the county where discovery is sought, and the clerk issues it. It requires no local attorney; practice varies. Served 123 LLC handles the steps to domesticate a subpoena in Michigan.
What to Send Us
Those two can go in Special Instructions.
Every Michigan Order Includes
Skip tracing is available if the address turns out to be bad.
Every Michigan County
Served 123 LLC works with the circuit court clerk in each of Michigan’s 83 counties, and the clerk’s fee is in your quote. The county finder names the discovery county, and the clerk directory gives the address. Each clerk follows its own court’s procedures, so the steps can differ by county.
Documents Subpoena
A documents subpoena takes the same route through the discovery county’s clerk. It says whether inspection is requested or copies will do, and that the requester pays reasonable copying costs. Your side serves a copy on the other parties the day it issues. Hospital records and privilege are set out below.
Michigan Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Michigan’s Act is short and leaves much to court rules and each circuit court’s procedures. Four stops carry the paper from another state’s court to a witness in any Michigan county.
A party submits the foreign subpoena to the clerk in the discovery county; we prepare the papers the county’s procedure calls for and get them to the clerk.
The clerk promptly issues a Michigan subpoena that incorporates the foreign terms and carries the counsel list, which we prepare.
Our server, a competent adult who is not a party, serves the witness under MCR 2.506(G) with the tender, and we advance any tender owed on your quote.
Our server signs a verified statement of the facts of service, and it comes back to you.
These are the words of the Act and of the court rule that points to it, on who submits and issues, what the Michigan subpoena holds, how it is served and where a motion goes. County practice follows in the cards.
To request issuance of a subpoena under this section, a party must submit a foreign subpoena to the clerk of the circuit court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this state.
When a party submits a foreign subpoena to a clerk of the circuit court in this state, the clerk, in accordance with the court’s procedures, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
A subpoena under subsection (2) shall do both of the following: (a) Incorporate the terms used in the foreign subpoena. (b) 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.
Served 123 LLC prepares each item section 2203(3) lists before the Michigan subpoena goes out.
Get a Free Quote Online →A subpoena issued by a clerk of the circuit court under section 2203 shall be served in compliance with Michigan court rules.
Michigan court rules and statutes of this state applicable to compliance with subpoenas and requests for the production of documents and things or entry on land apply to subpoenas issued under section 2203.
A motion for a protective order or an order to enforce, quash, or modify a subpoena issued by a clerk of the circuit court under section 2203 shall comply with Michigan court rules and be submitted to the circuit court in the county in which discovery is to be conducted.
A person may request issuance of a subpoena in this state for an action pending in another state or territory under the Uniform Interstate Depositions and Discovery Act, MCL 600.2201 et seq., to require a person to attend a deposition, to produce and permit inspection and copying of materials, or to permit inspection of premises under the control of the person.
may be referred to and cited as the "uniform interstate depositions and discovery act". Each section’s history reads
Add. 2012, Act 362, Eff. Apr. 1, 2013, with no later amendment shown. Section 2208 says the chapter
applies to requests for discovery in actions pending on April 1, 2013.
"Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.And
"Foreign jurisdiction" means a state other than this state.And
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.The court rule points the same way, sending a person with an action pending in another state or territory to the Act. A case pending in another country takes a separate path, an application under MCR 2.305(D).
Subpoena for Out-Of-State Case, marked
Form CC 11a, Rev. 3/23. Oakland’s clerk asks for
the Michigan Subpoena form CC 11a; Wayne’s clerk lists
Subpoena *Form MC 11. We prepare the form the discovery county uses and handle how it reaches that clerk.
The request for a subpoena does not create a new case, so no case-type code should be assigned. It adds that
Subpoenas issued under this act can be maintained in a group file, and that
The court’s general procedures for requesting and issuing subpoenas should be followed.What a clerk charges is in your quote.
Discovery may be sought in a county where a person lives, works, transacts business, or is found.The county finder below names that clerk.
Original Petitionand
Attorney to Sign the Petition. The clerk’s list does not say who qualifies. The Third Circuit says the petition
is NOT subject to eFiling at this time.We take Wayne orders from the request through service: send us the subpoena and your quote says who signs, what reaches the clerk and what the clerk charges.
A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this state.Neither text requires Michigan counsel for the request. Wayne’s petition is the county step described above, and a contested motion is a separate question under Michigan court rules.
on filing a motion, the moving party shall pay a fee of $20.00. The memorandum on the Act applies it here:
The party filing the motion must pay a motion fee under MCL 600.2529 and MCR 2.119(G).In Wayne, Docket Directive 2018-09 adds:
No motion fee shall be paid if the out-of-state subpoena is for a criminal case.
No reported Michigan appellate decision has yet interpreted MCL 600.2201 to 600.2209.
Official texts: Revised Judicature Act chapter 22 (MCL 600.2201 to 600.2209); Michigan Court Rules; MCL 600.2552, 600.2529 and 600.2157; local court rules; Michigan Rules of Evidence (MRE 902); 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the Michigan subpoena under section 2203 and has it served under Michigan court rules.
Get a Free Quote Online →Section 2204 leaves service to the court rules. These cards cover who serves, delivery and mail, the tender, fees, proof, notice to the parties, timing, place and motions. For a summons or other court papers, see process service in Michigan.
Section 2204 sends service to the court rules, and Process in civil actions may be served by any legally competent adult who is not a party or an officer of a corporate party.
Our server meets that test. Wayne’s clerk adds that The County Clerk’s Office does not provide for service of the subpoena.
MCR 2.305(A)(5) sends service to MCR 2.506(G), which reads: A subpoena may be served anywhere in Michigan in the manner provided by MCR 2.105.
For an individual that rule allows personal delivery, or registered or certified mail, return receipt requested, and delivery restricted to the addressee.
MCR 2.506(G)(2): A subpoena may also be served by mailing to a witness a copy of the subpoena and a postage-paid card acknowledging service and addressed to the party requesting service. The fees for attendance and mileage provided by law are to be given to the witness after the witness appears at the court, and the acknowledgment card must so indicate. If the card is not returned, the subpoena must be served in the manner provided in subrule (G)(1).
The rule: The fee for attendance and mileage provided by law must be tendered to the person on whom the subpoena is served at the time of service. Tender must be made in cash, by money order, by cashier’s check, or by a check drawn on the account of an attorney of record in the action or the attorney’s authorized agent.
We advance any tender owed, and it goes on your quote. The postage-paid card above is the one exception, with the fees given after the witness appears.
At a deposition, subsection (4) applies: a witness before any officer, person, or board authorized to take the examination of witnesses, shall be paid a witness fee of $12.00 for each day’s attendance and $6.00 for each half day
. Subsection (1) sets them for A witness who attends any action or proceeding pending in a court of record
, and only there a lost-time option: not more than $15.00 for each day shall be taxable as costs
. Mileage is at the state officers’ per-mile rate.
Of the proofs MCR 2.104(A) allows, the server’s is (A)(3): a written statement of the facts of service, verified under MCR 1.109(D)(3).
Where it goes depends on the form the county issues. The out-of-state form says You must serve the subpoena and provide proof of service to the person requesting the subpoena.
The general subpoena form says You must serve the subpoena and file proof of service with the court clerk.
MCR 2.305(A)(5) adds: A copy of the subpoena must be served on all other parties on the date of issuance.
Your side serves those copies. That date is the clerk’s, so plan them before the request goes in. We prepare the counsel list from the details you send, and it shows every party owed a copy under the rule. Section 2203(3) puts that same contact list on or with the Michigan subpoena.
MCR 2.305(A)(3): A subpoena shall provide a minimum of 14 days after service of the subpoena (or a shorter time if the court directs) for the requested act.
Section 2205 brings in Michigan’s compliance rules, yet that subrule is written for a subpoena a party issues, and neither text says it binds a clerk-issued one. We raise a date inside the period before service.
For a named organization, The subpoena shall be served at least 14 days prior to the scheduled deposition.
And No later than 10 days after being served with the subpoena, the subpoenaed entity may serve objections, or file a motion for protective order
. These are MCR 2.305(A)(6) periods for a subpoena that names the company and not a person. The caution on the 14-day minimum applies to them too, so we raise a tight date with you before service goes out.
MCR 2.305(B) opens Except for a subpoena for delivery of copies of documents only under subrule (A)(2)
, a non-party served with a subpoena in Michigan may be required to comply with the subpoena only in the county where the deponent resides, is employed, has its principal place of business or transacts relevant business; or at the location of the things to be inspected or land to be entered; or at another convenient place specified by order of the court.
Its reach over a clerk-issued subpoena is unsaid.
Section 2206 keeps a motion in Michigan: it must comply with Michigan court rules and be submitted to the circuit court in the county in which discovery is to be conducted.
For a subpoena issued under MCR 2.305, subrule (A)(4) calls for a timely motion before the time specified in the subpoena for compliance
, lets the court quash or modify the subpoena if it is unreasonable or oppressive
, and adds: The non-party’s obligation to respond to the subpoena is stayed until the motion is resolved.
Oakland: Motions and petitions shall be heard on Wednesday mornings unless otherwise ordered by the court.
A motion praecipe must be filed at least 7 days before the hearing.
It carries a certificate on requesting concurrence in the relief sought
. Macomb: Counsel shall notice motions for hearing by filing a praecipe with the County Clerk at least 7 days prior to the scheduled hearing date.
Genesee: A proposed order must be attached to and served with the motion.
Served 123 LLC handles service under MCR 2.506(G), any tender owed and the server’s verified proof.
Get a Free Quote Online →A Michigan production subpoena turns on inspection or copies, copying costs, the separate hospital rule and the physician-patient privilege.
MCR 2.305(A)(2): A subpoena may provide that it is solely for producing documents or other tangible things for inspection and copying, and that the party does not intend to examine the deponent.
The out-of-state form’s matching box reads Produce/Permit inspection or copying of the items stated in that subpoena.
The foreign subpoena’s terms carry over, since the Michigan paper incorporates them.
The same subrule: The subpoena shall specify whether an inspection is requested or whether the subpoena may be satisfied by delivering a copy of the requested documents. Any request for documents shall indicate that the subpoenaing party will pay reasonable copying costs.
The general subpoena form’s note says those costs cannot be waived under MCR 2.002.
MCR 2.305(A)(1) says A subpoena for hospital records is governed by MCR 2.506(I).
A hospital may comply
that way, and the rule reads: The hospital may deliver or mail to the clerk of the court in which the action is pending, without cost to the parties, a complete and accurate copy of the original record.
For a foreign case that clerk sits out of state, and the rule does not say how a Michigan clerk treats the delivery.
The copy travels with proof of its own: The copy of the record must be accompanied by a sworn certificate, in the form approved by the state court administrator, signed by the medical record librarian or another authorized official of the hospital, verifying that it is a complete and accurate reproduction of the original record.
Still, This subrule does not apply to x-ray films or to other portions of a medical record that are not susceptible to photostatic reproduction.
A hospital also answers to 45 C.F.R. 164.512(e) on this. One path is an order: In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order
. A subpoena with no order runs under paragraph (e)(1)(ii), which looks for satisfactory assurance from the party seeking the information of reasonable efforts at notice to the patient, (e)(1)(iii), or at a qualified protective order, (e)(1)(iv).
Michigan’s own evidence rule on this is Rule 902(11), Certified Domestic or Foreign Record of a Regularly Conducted Activity.
It speaks of a record shown by a certification of the custodian or another qualified person
, with reasonable written notice of the intent to offer the record
to an adverse party. A foreign trial runs under its own evidence rules, so check what that court accepts before you ask a Michigan custodian to certify; the subpoena’s own terms say what the custodian returns.
MCL 600.2157: Except as otherwise provided by law, a person duly authorized to practice medicine or surgery shall not disclose any information that the person has acquired in attending a patient in a professional character, if the information was necessary to enable the person to prescribe for the patient as a physician, or to do any act for the patient as a surgeon.
Section 2205 applies Michigan statutes on compliance to the subpoena.
When records do not come, section 2206 sends a motion to enforce to the discovery county’s circuit court. MCR 2.305(A)(3) is written for a subpoena a party issues, yet it makes a fair checklist: The motion must include a copy of the request and proof of service of the subpoena.
That is one reason the server’s proof comes back to you; the motion itself belongs to you or your Michigan counsel. Section 2206 also leaves the form of the motion, and what follows it, to Michigan court rules.
Served 123 LLC prepares and serves a Michigan subpoena that commands production of records.
Get a Free Quote Online →Each of these points comes from the Michigan text or a county’s own published practice.
We check the papers we prepare and the service we make against the Michigan text and raise questions with you. Motions stay with the parties and counsel.
Search a county, city, township or ZIP, or pick the discovery county, to see which clerk issues the subpoena there, then start a quote; the directory below lists all 83 counties.
Have only a town? Type it from the witness’s address and the finder names the county.
The Michigan Courts Trial Court Directory lists each office under its county.
How Indiana, Ohio and Wisconsin treat a foreign subpoena beside Michigan’s Act: the governing law, whether it requires a local attorney and who issues the subpoena, each from that state’s own text. “No” means the state’s own text requires none; “Check” means confirm that state’s filing rules for an out-of-state requester.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Michigan | MCL 600.2201 to 600.2209 (2012 PA 362) | No | Circuit court clerk, discovery county |
| Indiana | IC 34-44.5-1 (P.L. 57-2010) | Check | Clerk of court, discovery county |
| Ohio | R.C. 2319.09 (eff. Sept. 14, 2016) | No | Clerk of court, discovery county |
| Wisconsin | Wis. Stat. § 887.24 (eff. Jan. 1, 2016) | Check | Clerk of circuit court, discovery county, or a Wisconsin attorney |
Answers rest on the Michigan statute, court rule or official source named on this page. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
Michigan enacted it as 2012 PA 362, and it took effect April 1, 2013. It sits in the Revised Judicature Act at MCL 600.2201 to 600.2209, so it is a statute, not a court rule. The Act section quotes the working parts, and Court Rule 2.305(E) is the one that sends requesters to it.
Circuit, by the text of section 2203 of the Act, which never mentions a district court. The county finder takes a city, township, ZIP or county name and names the county. Your quote then sets out what that county’s clerk calls for, and we handle that step.
Not under the words of the Act or Court Rule 2.305(E), and making the request is not an appearance in Michigan’s courts. Wayne’s clerk lists an attorney to sign its petition; we take Wayne from request to service. A motion is its own question.
Not on the published pages. Oakland asks for the state’s out-of-state form, Wayne’s page lists the general subpoena form, and Court Rule 2.305(E) names neither. The form card quotes both. For other counties, send us the discovery county and we prepare the form its clerk issues on.
Not in the same way. Court Rule 1.109 ties e-filing to the court and the filer, Oakland’s clerk asks for electronic filing, and the Third Circuit in Wayne keeps its petition out of eFiling for now, as the Wayne card shows. We handle how the papers reach that clerk; your quote says what that takes.
Not under the state’s guidance on the Act, quoted in the Act section, and subpoenas can sit in a group file. Wayne’s Docket Directive 2018-09 keeps one for foreign subpoenas. A motion can change that there: the directive takes the petition out of the group file and sets up a civil case before the Chief Judge. Oakland’s clerk starts a new action
for a motion.
Two things, from section 2203(3) of the Act: the terms used in the foreign subpoena, and contact details for all counsel of record plus any unrepresented party, on it or with it. Send us the full caption and the counsel list. We lay those out on the county’s form.
A legally competent adult who is neither a party nor an officer of a corporate party, the test in Court Rule 2.103(A). The service card notes that the Wayne clerk does not provide service of the subpoena, and that is the part of the order we take on.
Yes, in two ways. Court Rule 2.105(A) allows restricted registered or certified mail; Court Rule 2.506(G)(2) adds the postage-paid acknowledgment card, and a card that never returns means service again by the first route. Mail depends on the witness signing, so tell us your date and we will say which approach fits the rule’s methods.
The day the clerk issues, under Court Rule 2.305(A)(5), and your side serves those copies, so plan them ahead; see A Copy the Day It Issues. Send the party details with your order. They feed the contact list that section 2203(3) of the Act puts on or with the Michigan subpoena, and a same-day copy is worth planning with us early.
With the requester on the out-of-state form, and with the court clerk on the general form, as the proof card covers. Our server signs the proof that Court Rule 2.104(A)(3) describes. We follow the form your county issued and tell you if a filing is expected.
Section 600.2552 of the statute sets a daily and a half-day amount, quoted in the witness fee card; its lost-time option is for a court of record only. Mileage is added too, at a published state rate. Under Court Rule 2.506(G)(1) both are due at service, and the amount owed for your witness appears on your quote.
Four kinds, in Court Rule 2.506(G)(1); see the tender card. A client’s own company check is not one; a check on the account of counsel of record or their agent is. We tender at service, so you cut no check.
Not past the places Court Rule 2.305(B) lists, as written: the deponent’s home, work and business counties, the location of the things or land, or a court-ordered convenient place. Whether it carries to a clerk-issued subpoena is left unsaid, so plan on those places. Give us the witness’s home and work counties and we will flag a mismatch.
The circuit court in the discovery county, not the one where your case is pending, under section 2206 of the Act. Timing matters: Court Rule 2.305(A)(4) looks for a motion before the compliance time, as the motions card covers. The motion is for counsel, not for us. We point counsel to the clerk who issued.
Court Rule 2.506(I) speaks of delivery to the clerk where the action is pending, with a sworn certificate, as the hospital card covers. On a foreign case the Michigan side is left unaddressed. So raise a chart with us before the subpoena goes in.
Your one quote carries the clerk’s fee for any of Michigan’s 83 counties, along with preparation and service when you order it. Section 2203 of the Act speaks to who issues, not to what is charged; the form and Wayne cards show local practice.
A $20.00 fee applies on filing a motion, paid by the moving party under section 600.2529 of the statute, and state guidance applies it to motions under the Act. Wayne waives it for a criminal case; see the motion card. It arises only if someone files a motion, never in getting the subpoena issued or served.
Only as the rule is written: Court Rule 2.305(A)(3) sets at least 14 days after service unless the court directs less, for a subpoena a party issues. How it binds a clerk-issued subpoena is not spelled out, so plan for it anyway; see the 14-day card. Give us your compliance date with the order, and we raise a tight one early.
No. Section 2203 of the Act says the clerk shall promptly issue
it, in accordance with the court’s procedures, and sets no day count; the Act section has that text. That leaves timing with each clerk’s office. We keep the request moving through the discovery county’s clerk.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
