Understanding How to Domesticate an Out-of-State Subpoena in Missouri:
Domesticating subpoenas may be tricky since two separate jurisdictions, Civil Procedures and Legislative acts, must be considered. Most states have adopted the Uniform Interstate Depositions and Discovery Act (U.I.D.D.A.) to make the process easier and more manageable. But Missouri is a state that has yet to adopt U.I.D.D.A.
Missouri has unique rules and regulations when it comes to domesticating foreign subpoenas.
Obtain a certified copy of the out-of-state subpoena from the court that issued it.
Determine the appropriate circuit court in Missouri where the subpoena needs to be domesticated. This will typically be the circuit court in the county where the person or entity being subpoenaed is located.
Prepare a Motion to Domestic the Subpoena, including the following information:
The name of the out-of-state court that issued the subpoena.
The case number and caption of the case in which the subpoena was issued.
The name and contact information of the person or entity being subpoenaed.
The date and time of the hearing or trial where the subpoena will be used.
A statement requesting that the subpoena be domesticated in Missouri.
File the Motion to Domestic the Subpoena with the appropriate circuit court in Missouri and pay any applicable filing fees.
Serve a copy of the Motion to Domestic the Subpoena on the person or entity being subpoenaed and the party that issued the out-of-state subpoena.
If the person or entity being subpoenaed objects to the domestication of the subpoena, they may file a Motion to Quash the subpoena with the Missouri circuit court. The court will then schedule a hearing to determine whether the subpoena should be quashed or domesticated.
If there are no objections, the Missouri court will issue an order domesticating the subpoena, which means it will have the same force and effect as if it had been issued in Missouri. The person or entity being subpoenaed will then be required to comply with the subpoena as directed.
Contact Our Team for Assistance
Since Missouri does not follow U.I.D.D.A. laws, the process of domesticating foreign subpoenas can be quite tricky. Thus, hiring our process servers and a team of legal experts with an in-depth understanding of the state's laws would be best. If you are interested in how to domesticate an out-of-state subpoena in Missouri, we understand how to make the domesticating process streamlined and timely.
