Enforcing an out-of-state subpoena in Wisconsin requires compliance with the state's legal framework. Wisconsin follows the Uniform Interstate Depositions and Discovery Act (UIDDA) under Wisconsin Statutes § 887.24, which streamlines the process for domesticating subpoenas issued in other jurisdictions.
Understanding Subpoena Domestication in Wisconsin
A subpoena issued in another state does not automatically carry legal authority in Wisconsin. It must be domesticated to ensure compliance with Wisconsin’s jurisdictional and procedural requirements before enforcement.
Wisconsin Law on Subpoena Domestication
Under Wisconsin Statutes § 887.24, UIDDA allows an out-of-state party to obtain a Wisconsin subpoena without the need for filing a formal motion or appearing in court. The process involves submitting the subpoena to the appropriate circuit court clerk.
Step-by-Step Guide to Domesticate an Out-of-State Subpoena in Wisconsin
1. Obtain a Valid Subpoena from the Issuing State
Before domesticating a subpoena in Wisconsin, ensure that the original subpoena complies with the laws of the issuing jurisdiction. The subpoena must clearly specify the requested testimony, documents, or evidence.
2. Submit the Foreign Subpoena to a Wisconsin Circuit Court Clerk
Under Wisconsin Statutes § 887.24, an out-of-state party must submit the foreign subpoena to the clerk of the circuit court in the county where discovery is sought. The clerk will then issue a Wisconsin subpoena that mirrors the terms of the original subpoena, ensuring compliance with Wisconsin Rules of Civil Procedure Chapter 885.
3. Ensure Compliance with Wisconsin’s Subpoena Requirements
The newly issued Wisconsin subpoena must adhere to the following legal requirements:
Providing reasonable time for compliance (Wis. Stat. § 805.07).
Avoiding undue burden or expense on the subpoenaed party (Wis. Stat. § 805.07(3)).
Complying with state discovery limitations and procedural rules.
4. Properly Serve the Subpoena
The Wisconsin subpoena must be served in accordance with Wisconsin Rules of Civil Procedure Chapter 801. Acceptable service methods include:
A licensed process server
The county sheriff
An individual authorized under Wis. Stat. § 801.11
Proper documentation of service is required to ensure the subpoena is legally enforceable.
5. Handling Objections and Motions to Quash
Under Wis. Stat. § 805.07(3), the recipient of a subpoena has the right to object on legal grounds such as privilege, undue hardship, or jurisdictional concerns. If objections arise, the requesting party may need to petition the court to enforce compliance.
6. Enforcing Compliance or Filing a Motion to Compel
If a subpoenaed party refuses to comply, the requesting party can file a motion to compel in the Wisconsin circuit court. Non-compliance may result in court-imposed sanctions, including contempt charges.
Why Choose Served 123 LLC for Subpoena Domestication in Wisconsin?
Successfully domesticating an out-of-state subpoena in Wisconsin requires a thorough understanding of Wisconsin Statutes § 887.24 and Wisconsin Rules of Civil Procedure Chapter 885.
Served 123 LLC is commissioned to domesticate subpoenas that are fully enforceable. Our costs include:
The preparation of all necessary documents for a successful process (unless additional information is needed from you, which we will inform you of).
The filing fee to the state.
The delivery and retrieval of the subpoena from the court.
Prompt service of process.
Our expert team ensures accuracy at every step, so you can focus on your legal matters without unnecessary hurdles.
Consider Served 123 LLC for professional and efficient subpoena domestication services in Wisconsin. Contact us today to get started!
