Understanding How to Domesticate an Out-of-State Subpoena in Montana:
Montana adopted Uniform Interstate Depositions and Discovery Act in 2008 under MONT. R. CIV. P. 28 (c).
To domesticate an out-of-state subpoena in Montana, you need to follow the procedures set out in the Uniform Interstate Depositions and Discovery Act (U.I.D.D.A.). Here are the general steps you should take:
Obtain a subpoena from the issuing state: The first step is to obtain a valid subpoena from the state where the case is pending. The subpoena should comply with the rules of the issuing state and include all the required information.
Complete a Montana subpoena form: Next, you need to complete a Montana subpoena form. The form should include the name of the issuing court, the case number, the name and contact information of the party who issued the subpoena, and the date the subpoena was issued.
File the subpoena form with the Clerk of court: You must file the completed Montana subpoena form with the Clerk of court in the county where the discovery is to be taken. The Clerk will then issue a Montana subpoena, which can be served on the witness.
Serve the subpoena on the witness: The Montana subpoena should be served per Montana law. Service can be made by personal delivery, mail, or other methods permitted by Montana law.
Respond to any objections: If the witness or another party objects to the subpoena, you may need to file a motion to compel with the Montana court. The court will then consider the objections and issue a ruling.
It's important to note that the U.I.D.D.A. only applies to subpoenas issued in civil cases. If you seek to domesticate a subpoena issued in a criminal case, you must follow a different set of procedures. Additionally, if the issuing state does not have a law equivalent to the U.I.D.D.A., you may need to follow different procedures to domesticate the subpoena.
Our Qualified Staff Can Assist
If you are interested in how to domesticate an out-of-state subpoena in Montana, our process servers are diligent and qualified, making them the best in issuing and domesticating foreign subpoenas. We work closely with all parties to ensure timely service of the legal documents. For more information, ensure you consult as soon as possible.
