Under the Uniform Interstate Depositions and Discovery Act, a foreign subpoena is submitted in the county where discovery occurs; the clerk issues a Montana subpoena. Rule 28(c) requires no local attorney. Served 123 LLC handles the steps to domesticate a subpoena in Montana.
What to Send Us
Special Instructions can take the county and counsel.
Every Montana Order Includes
Skip tracing is available if the address turns out to be bad.
Every Montana County
Served 123 LLC works with the clerk in each of Montana’s 56 counties, and the clerk’s fee is in your quote. Not sure of the county? The county finder works from the witness’s town.
Documents Subpoena
A records-only subpoena runs through the same clerk. Whoever holds the records need not come in person unless the subpoena also commands it. Parties get 10 days’ notice before production, and health care records add their own notice and certification steps, set out below. Mention them on the form.
Montana Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Montana’s e-filing limits can make the clerk step the hard part from out of state. Here is who does what.
The clerk issues the Montana subpoena under that court’s procedure, and we handle that step with the clerk’s office.
We prepare it to incorporate the foreign terms, list all counsel and unrepresented parties, and carry the Rule 45 contents.
Our server, a nonparty at least 18, delivers a copy when you order service, and we advance any tender owed on your quote.
Our server certifies a statement of the date, manner and persons served, and we handle getting that statement back to you.
Rule 45(d)(2)(B): “The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.” Enter the service date and this counts the 14 days the way Rule 6(a)(1) does.
If the compliance date comes first, it controls.
A planning aid, not legal advice: it cannot know holidays declared later, an earlier compliance date in the subpoena, or a court order setting another time.
These are the words of Rule 28(c), Montana’s form of the uniform act (UIDDA), on where the foreign subpoena goes, who issues the Montana subpoena, what it holds, how it is served and where a motion goes.
To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in Montana. A request for issuance of a subpoena under this act does not constitute an appearance in the courts of this state.
When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
A subpoena under subsection (B) must: (i) incorporate the terms used in the foreign subpoena; and (ii) 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 Rule 28(c)(2)(C) lists before the Montana subpoena goes out.
Get a Free Quote Online →A subpoena issued by a clerk of court under paragraph (c)(2) of this rule must be served in compliance with Rule 45.
An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under paragraph (c)(2) of this rule must comply with the rules or statutes of this state and be submitted to the court for the county in which discovery is to be conducted.
In EQT Chap LLC v. Environmental Health Sciences, 2025 MT 237, a subpoena from an out-of-state proceeding “was domesticated in Montana and served” on a Bozeman organization. The Montana Supreme Court reversed an order quashing it under the Media Confidentiality Act, holding that the “District Court erred by determining that Montana’s Act applied to the subpoena” and that the other state’s privilege law governed. The court left open which state is the “forum” in a domestication (¶ 31). The opinion does not cite Rule 28(c). No reported Montana appellate decision has yet interpreted the clerk route of Rule 28(c)(2).
Official texts: Rule 28, Rule 45, Rule 6, Rule 30, Mont. R. Evid. 902, Fourth Judicial District Rules, Eighth Judicial District Rules, Thirteenth Judicial District Rules, MCA § 1-1-216, § 13-1-104, § 25-1-201, § 26-2-501, § 26-2-506, § 26-2-507, § 2-18-503, § 50-16-505, § 50-16-535, § 50-16-536, § 50-16-811, § 50-16-812, 45 C.F.R. 164.512. General information, not legal advice. The official text controls.
Send us the foreign subpoena and we handle the clerk step with the discovery county.
Get a Free Quote Online →Once issued, the Montana subpoena follows Rule 45, as Rule 28(c)(3) requires. For a summons or other court papers, see process service in Montana.
Rule 28(c)(3) sends service to Rule 45, and Rule 45(b) reads: “A subpoena may be served by any person who is not a party and is not less than 18 years of age.” Those two conditions are the whole test, and our server meets both.
Rules 28(c)(3), 45(b)Rule 45(b) says service “shall be made by delivering a copy thereof to such person”. That is the rule’s one stated method, so the server hands a copy to the witness named in the subpoena.
Rule 45(b)When attendance is commanded, delivery comes with “the fees for one day’s attendance and the mileage allowed by law.” Section 26-2-507 adds: “A witness is not obliged to attend court or appear before a referee, officer authorized to take depositions, or commissioner, when subpoenaed, unless the witness’s mileage and fees for 1 day’s attendance are tendered or paid to the witness on demand”. We advance any tender owed, on your written quote.
Rule 45(b); MCA § 26-2-507Section 26-2-501(1) allows (a) “for attending in any civil or criminal action or proceeding before any court of record, referee, or officer authorized to take depositions or commissioners to assess damages or otherwise, for each day, $10;” and (b) “for mileage in traveling to the place of trial or hearing, each way, for each mile, a mileage allowance as provided in 2-18-503”, the IRS rate for the current year. Section 26-2-506 puts the bill on “the party who caused the witness to be subpoenaed.”
MCA §§ 26-2-501(1), 26-2-506, 2-18-503The server’s proof is a “statement of the date and manner of service and of the names of the persons served, certified by the person who made the service.” Rule 45(c)(3) has it filed with the clerk of the issuing court “when necessary”. Our server’s certified statement comes back to you for your file.
Rule 45(c)(3)A resident or in-state entity may be required to attend or produce “within 100 miles of where that person resides or is employed or transacts business in person”, or within that distance of an entity’s principal location. A non-resident served in Montana: within that distance of where the non-resident is served. An order may fix another convenient place.
Rule 45(c)(2)(B)(i)–(ii)For documents, things or an inspection before trial: “Notice shall be provided to all parties no less than 10 days before the commanded production”, served as Rule 5(b) prescribes. Rule 30 separately requires “reasonable written notice to every other party” of a deposition. Plan the commanded date around both, and tell us when your notice went out.
Rules 45(c)(1), 30(b)(1)Rule 28(c)(5) sends a protective order, enforcement, quash or modify application to “the court for the county in which discovery is to be conducted.” Local rules add steps: Missoula and Mineral’s Rules 3 and 23 call for certificates, and the Eighth District may deny a discovery motion unless counsel conferred.
Rule 28(c)(5); 4th Dist. Rules 3, 23; 8th Dist. Rule 7(G)Order service with the domestication and one server carries it from the clerk’s subpoena to the certified statement.
Get a Free Quote Online →A documents subpoena takes the same clerk route. Health care records add state notice and certification duties, and the federal rule at 45 C.F.R. 164.512(e) sits on top.
A person commanded to produce “need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing, or trial.” That lets a records-only subpoena run on paper, and the 10-day party notice in Rule 45(c)(1) still applies.
Rule 45(d)(2)(A); Rule 45(c)(1)Rule 45(d)(2)(B) sets the clock: “The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.” The calculator above counts the 14 days; an earlier compliance date controls.
Rule 45(d)(2)(B)Rule 45(a)(4) ties a subpoena seeking health care information to Title 50, Chapter 16. That chapter splits: Part 5 applies “only to a health care provider that is not subject to the privacy provisions of” HIPAA, and Part 8 covers “Providers Subject to HIPAA”. Sections 50-16-535 and 50-16-811 bar disclosure under compulsory process unless a listed condition applies.
Rule 45(a)(4); MCA §§ 50-16-505, 50-16-535, 50-16-811Unless a court waives or modifies it for good cause, sections 50-16-536(1) and 50-16-812(1) have the person seeking the records “mail a notice by first-class mail to the patient or the patient’s attorney of record of the compulsory process or discovery request at least 10 days before presenting the certificate” to the provider. Both tie that duty to listed subsections of their disclosure sections.
MCA §§ 50-16-536(1), 50-16-812(1)Service on a provider “must be accompanied by a written certification, signed by the person seeking to obtain health care information or by the person’s authorized representative”, naming at least one subsection that authorizes the request. In the notice cases, the certification also states the notice requirement was met.
MCA §§ 50-16-536(2), 50-16-812(2)Mont. R. Evid. 902 ends at paragraph (10), “Presumptions created by law”. It has no 902(11), and Rule 45 sets no custodian affidavit procedure. Whether a Montana court accepts a custodian’s declaration in place of testimony stays open, so settle with counsel how the records will come in.
Mont. R. Evid. 902; Rule 45The federal rule permits disclosure in a judicial proceeding on two tracks. Paragraph (e)(1)(i): “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; or” Paragraph (e)(1)(ii): “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal, if:” then one of two assurances.
45 C.F.R. 164.512(e)(1)(i)–(ii)The first assurance, paragraph (e)(1)(ii)(A): “The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iii) of this section, from the party seeking the information 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” The next card gives that paragraph’s terms, word for word.
45 C.F.R. 164.512(e)(1)(ii)(A)Paragraph (e)(1)(iii) sets that proof: “a covered entity receives satisfactory assurances from a party seeking protected health information if the covered entity receives from such party a written statement and accompanying documentation demonstrating that:” (A) “The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual’s location is unknown, to mail a notice to the individual’s last known address);” (B) “The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal; and” (C) “The time for the individual to raise objections to the court or administrative tribunal has elapsed, and:” (1) “No objections were filed; or” (2) “All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.”
45 C.F.R. 164.512(e)(1)(iii)The second assurance, paragraph (e)(1)(ii)(B): “The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iv) of this section, from the party seeking the information 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)(iv) then sets the proof for it: “a covered entity receives satisfactory assurances from a party seeking protected health information, if the covered entity receives from such party a written statement and accompanying documentation demonstrating that:” (A) “The parties to the dispute giving rise to the request for information have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute; or” (B) “The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal.”
45 C.F.R. 164.512(e)(1)(ii)(B), (iv)Paragraph (e)(1)(v) says what that order has to do: “a qualified protective order means, with respect to protected health information requested under paragraph (e)(1)(ii) of this section, an order of a court or of an administrative tribunal or a stipulation by the parties to the litigation or administrative proceeding that:” (A) “Prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which such information was requested; and” (B) “Requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding.”
45 C.F.R. 164.512(e)(1)(v)Paragraph (e)(1)(vi) leaves the record holder a path of its own: “a covered entity may disclose protected health information in response to lawful process described in paragraph (e)(1)(ii) of this section without receiving satisfactory assurance under paragraph (e)(1)(ii)(A) or (B) of this section, if the covered entity makes reasonable efforts to provide notice to the individual sufficient to meet the requirements of paragraph (e)(1)(iii) of this section or to seek a qualified protective order sufficient to meet the requirements of paragraph (e)(1)(v) of this section.” That choice is the holder’s, so do not count on it. Plan to supply one of the two assurances yourself.
45 C.F.R. 164.512(e)(1)(vi)Tell us early if the records are medical, so the dates leave room for the patient notice.
Get a Free Quote Online →Each of these points comes from Montana’s rules and statutes.
Before service, we check the subpoena we prepare and the service plan against the rule and raise anything that needs your input. A motion comes later; we tell you which county’s court hears it.
Search or pick the county where the discovery will be conducted to see which clerk’s office issues the subpoena there, then start a quote; the directory below lists all 56 counties.
The Montana Court Locator lists each office under its county.
How Idaho, North Dakota, South Dakota and Wyoming treat a foreign subpoena beside Montana’s Rule 28(c): the governing law, whether it requires a local attorney and who issues the subpoena, each from that state’s own text. “No” rests on that state’s own text; “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 |
|---|---|---|---|
| Montana | M. R. Civ. P. 28(c) (eff. Oct. 1, 2011) | No | Clerk of court, discovery county |
| Idaho | I.R.C.P. 45(j), a court rule effective July 1, 2009 (current text July 1, 2016) | No | Clerk of court, discovery county |
| North Dakota | N.D.R.Ct. 5.1 (eff. March 1, 2013) | Check | Clerk of court, discovery county |
| South Dakota | SDCL 15-6-28.1 to 15-6-28.6 (eff. July 1, 2012) | Check | Clerk of court, discovery county |
| Wyoming | W.R.C.P. 28(c) (2017, amended 2021) | Check | Clerk of the district court, discovery county |
Short answers on filing, service, witnesses and cost in Montana. For the wider picture, see our Subpoena Domestication FAQ. General information, not legal advice.
No, not by itself. Rule 28(c)(2)(A) says the request is no appearance in the state’s courts. That protection covers the request only. A motion later on is a separate step with its own local rules, which is why the county of discovery matters from the start. See Montana UIDDA: The Requirements of Rule 28(c).
The Clerk of District Court. That is the office Rule 28(c)(2) reaches in Montana’s district courts, one in each county, and the case’s home court does not change it. The directory lists each clerk’s address, so you can see the office before you order.
The place of the discovery decides it under Rule 28(c)(2)(A), and the case’s home county plays no part. A Billings deposition goes to the clerk of district court in Yellowstone County, a Bozeman one in Gallatin County and a Helena one in Lewis and Clark County. Type a town into the county finder and it names the county.
Not without fitting a group on the list in Temporary Electronic Filing Rule 3(a), and pro hac vice status is one of those groups. A lawyer outside them has no account, and what each clerk accepts instead stays unconfirmed. See The E-Filing Wall for the list, and for who handles the clerk step without an account.
No, Rule 28(c) names none. It speaks of submitting the foreign subpoena and leaves the rest to each court’s procedure, so one county’s practice can differ from a neighbor’s. Send us the foreign subpoena with its attachments, and our document preparation covers the Montana subpoena. See What the Clerk Receives.
Yes. Rule 28(c)(2)(C) says it must incorporate them, and it must carry or come with contact details for all counsel of record and any party without counsel. See Contents Rule 45 Requires. Sending the foreign paper alone would miss what Rule 45(a) adds, so settle those contents before the date is picked.
Yes, any nonparty who is at least 18: Rule 45(b) draws the line there, so a sheriff is not needed, and neither is a court appointment. Your own client cannot do it. Served 123 LLC assigns a server for the county when your order includes service, and the proof comes back to you.
Yes, plan on hand delivery under Rule 45(b). That rule gives one method, with no substitute such as leaving papers with a relative, and no mail option. See A Copy to the Named Person. If the address fails, our skip tracing can look for a better one.
Whoever needs it on the record, since Rule 45(c)(3) calls for filing only when proof is necessary. The person who served the subpoena signs the statement, and that is our server when you order service. Our part ends with handing you the statement, and you decide the rest. See A Certified Statement.
Yes. Under Rule 45(c)(1), all parties get at least 10 days before the commanded production, so that notice is your side’s to send before the date arrives. It is separate from any health care notice to a patient, which follows its own statute. See Ten Days Before Production.
$10 for each day: § 26-2-501 sets that attendance fee for a witness before an officer authorized to take depositions. Its mileage line speaks of travel to the place of trial or hearing and does not name a deposition, though § 26-2-507 joins mileage and fees for an officer’s subpoena. Read both before setting the tender. See $10 a Day Plus Mileage.
Not for a deposition or document production past the distance limits of Rule 45(c)(2)(B), which measure residents, entities and non-residents differently. Rule 45(d)(3)(A) also requires the issuing court to quash or modify on timely motion when a nonparty is sent too far. Montana is large, so pick the place before the subpoena is drafted.
A written objection to producing or inspection must be served before the earlier of the compliance date or 14 days after service, under Rule 45(d)(2)(B). The calculator gives the 14-day date, with weekends and Montana holidays counted the way Rule 6 counts them.
The court in the county of discovery, even though the case itself sits elsewhere. Rule 28(c)(5) holds the application to Montana’s rules or statutes, so it is a lawyer’s step in that court. A lawyer from elsewhere should read the local steps before filing anything. See The Discovery County’s Court.
Yes, on conditions that come from the health care statutes, not from Rule 28(c). The provider’s HIPAA status picks the Part of Title 50, Chapter 16, and either Part has the patient notice and the signed certification. The federal rule sits on top. See Records and Medical Subpoenas in Montana.
Yes, though the decision turned on privilege rather than procedure. The question was which state’s privilege law governs, and the opinion does not interpret Rule 28(c). Raise any privilege issue with counsel well before the date in the subpoena. See Montana Case Law on the Act.
It depends on the county. 4th District Rule 28 sets $120 for its two counties; every other county is unconfirmed. Elsewhere, ask us: the quote is the one number you need, and the clerk’s fee sits inside it. See The Clerk’s Fee, County by County for the rule’s words.
One number for the route: we prepare the papers, cover the clerk’s fee and, if you order it, serve the witness. When Rule 45(b) calls for a fee tender because attendance is commanded, any tender owed goes on that same quote, so you see the whole cost before paying. The quote form takes the foreign subpoena as an upload, so the number rests on the actual papers.
No, Rule 28(c)(2)(B) says promptly and gives no number of days. Actual timing depends on that county’s procedure, so no single figure holds across all 56 counties. Give us your deadline in the quote form, along with any compliance date. See No Motion and No Judge’s Order.
Far enough to clear each notice that applies: the Rule 45(c)(1) notice and, where health care records call for it, the patient notice before the certificate reaches the provider. A nonparty can also move to quash a date that allows no reasonable time, so leave a margin. See Ten Days Before Production and First-Class Mail, 10 Days for how each runs.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
Questions? Call (800) 321-2377
Nearby States: Idaho · North Dakota · South Dakota
