Under Wis. Stat. § 887.24, the Uniform Interstate Depositions and Discovery Act, a foreign subpoena is submitted to the circuit clerk of the county where discovery is sought, who issues a Wisconsin one. It requires no local attorney. Served 123 LLC handles the filing and service.
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Every Wisconsin Order Includes
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Every Wisconsin County
Served 123 LLC handles subpoena domestications in all 72 Wisconsin counties, from the busiest metro courthouse to the smallest one in the Northwoods. Tell us the witness’s town and we confirm the county before anything is filed. Search the county finder by town or ZIP code, and the directory lists every courthouse address.
Documents Subpoena
A Wisconsin subpoena may command books, papers, electronic data or tangible things, and the state form tells a records holder to wait for the proceeding date unless all parties agree. Patient health care records stay confidential under § 146.82, set out below. Your written quote confirms the route and every step in it, before you pay.
Wisconsin Subpoena Domestication Order
One written quote covers document preparation, any issuer’s or clerk’s fee and service if ordered.
The table sets each point of the Wisconsin route beside its statute, and the numbered steps follow the work from the papers you send to the certificate of service.
| Point | Wisconsin | Statute or Rule |
|---|---|---|
| Law | The Uniform Interstate Depositions and Discovery Act, recreated by Supreme Court Order No. 13-16A, effective January 1, 2016 | § 887.24(1), (8) |
| Venue | Where the witness “resides”; for one that is “not a natural person”, a county where it does “substantial business” | § 887.24(3)(a)1. |
| Who Issues | The clerk of circuit court, who “shall promptly sign and issue”; or a Wisconsin attorney as an officer of the court | § 887.24(3)(b), (c) |
| Appearance | Requesting issuance is not an appearance in the courts of Wisconsin | § 887.24(3)(d) |
| What Goes In | The foreign title and docket number, the foreign terms with the foreign subpoena attached, the counsel list and the advisement citing § 805.07(3) | § 887.24(3)(a)2.-5. |
| Clerk | In issuing it, the clerk “may not collect a fee” and “should not create a case file” | § 887.24(4) |
| Service | Under chapter 885: “by any person”, read to the witness, a copy handed over, or a copy left at the abode | § 887.24(4); § 885.03 |
| Substitution | Substituted personal service only under § 801.11(1)(b); a company officer as provided in § 801.11(5)(a) | § 805.07(5) |
| Witness Fees | One day’s attendance and travel “paid or tendered”, with three listed exceptions | § 885.06(1) |
| Proof | A certificate of service or affidavit to the requesting party, who keeps it | § 887.24(4) |
| Discovery Rules | Time, place and manner follow Wisconsin’s discovery rules and statutes, including ch. 804 | § 887.24(5) |
| Protective Orders | A motion “made promptly and in any event at or before the time specified” for compliance | § 805.07(3) |
| Motions | A special proceeding in the circuit court of the discovery county | § 887.24(6)(a) |
| Fee Shifting | Reasonable attorney fees and expenses to any prevailing party, in the court’s discretion | § 887.24(6)(c) |
Your foreign subpoena comes to us with the witness, your dates and the counsel list, and your written quote confirms the steps before you pay.
We prepare the Wisconsin subpoena form naming the discovery county as the issuing court, with the foreign title and docket number, the foreign terms, the counsel list and the advisement citing § 805.07(3), with the foreign subpoena attached.
The clerk for the county where discovery is to be conducted promptly signs and issues the Wisconsin subpoena.
Our server serves it under chapter 885, by reading it to the witness, handing over a copy or leaving a copy at the witness’s abode under the rule of § 801.11(1)(b).
The certificate of service or affidavit comes back to you, to keep and to furnish to any party or the deponent on request.
The Wisconsin Supreme Court recreated § 887.24 as the Uniform Interstate Depositions and Discovery Act by Order No. 13-16A, effective January 1, 2016. The quotations below are the statute: where the request goes, which county, who issues and what the clerk may not do.
To request issuance of a subpoena under this section by a clerk of circuit court, a party must submit the foreign subpoena to the clerk for the county in which discovery is sought to be conducted in this state, accompanied by the appropriate Wisconsin subpoena form which shall do all of the following:
Served 123 LLC prepares the Wisconsin subpoena form and handles the clerk step.
Get a Free Quote Online →Discovery is to be conducted in the county in which the person to whom the subpoena is directed resides. If the person is not a natural person, discovery is to be conducted in a county in which the person does substantial business. The subpoena shall list the address, including county of residence, for the witness.
When a party submits a foreign subpoena to a clerk of circuit court in this state in compliance with par. (a), the clerk shall promptly sign and issue the Wisconsin subpoena for service upon the person to which the foreign subpoena is directed.
A subpoena issued under sub. (3) must be served and enforced in compliance with ch. 885. In issuing the subpoena, the clerk of circuit court may not collect a fee and should not create a case file, but the clerk may keep a record of the subpoenas issued.
Official texts: Wis. Stat. § 887.24, § 885.03, § 885.06, § 805.07, § 801.11 and § 808.03; Wis. Sup. Ct. Order No. 13-16A; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the papers under § 887.24, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →These cards set out who may serve and how, the limits on substituted service, company officers, witness fees, the certificate of service, Wisconsin discovery law, motions, fees and appeals. For a summons or other court papers, see process service in Wisconsin.
Once issued, the Wisconsin paper is served like any other Wisconsin subpoena. Subsection (4) opens: “A subpoena issued under sub. (3) must be served and enforced in compliance with ch. 885.” Chapter 885 then reads: “Any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witness’s abode.”
§ 887.24(4); § 885.03Leaving papers behind has limits. Section 805.07(5) reads: “A subpoena may be served in the manner provided in s. 885.03 except that substituted personal service may be made only as provided in s. 801.11 (1) (b) and except that officers, directors, and managing agents of public or private corporations or limited liability companies subpoenaed in their official capacity may be served as provided in s. 801.11 (5) (a)”.
§ 805.07(5)Section 801.11(1)(b) applies when the person cannot be reached in hand with reasonable diligence: “then by leaving a copy of the summons at the defendant’s usual place of abode:” either “In the presence of some competent member of the family at least 14 years of age, who shall be informed of the contents thereof;” or “In the presence of a competent adult, currently residing in the abode of the defendant, who shall be informed of the contents of the summons; or”.
§ 801.11(1)(b)1., 1m.For a company officer named in an official capacity, § 801.11(5)(a) allows service “By personally serving the summons upon an officer, director or managing agent of the corporation or limited liability company either within or without this state. In lieu of delivering the copy of the summons to the officer specified, the copy may be left in the office of such officer, director or managing agent with the person who is apparently in charge of the office.”
§ 801.11(5)(a)Section 885.06(1) ties attendance to money: “Except when subpoenaed on behalf of the state, of a municipality in a forfeiture action, or of an indigent respondent in a paternity proceeding, no person is required to attend as a witness in any civil action, matter or proceeding unless witness fees are paid or tendered, in cash or by check, share draft or other draft, to the person for one day’s attendance and for travel.”
§ 885.06(1)Subsection (4) reads: “The individual responsible for service shall deliver a certificate of service or affidavit to the party that requested the subpoena. The party must retain the certificate of service or affidavit and furnish a copy to any party or to the deponent upon request.” The committee note adds: “This rule places the obligation of retaining the original subpoena and the proof of service on the lawyer initiating the discovery.”
§ 887.24(4); Committee NoteUnder subsection (5), “When a subpoena issued under this section commands a person to attend and give testimony at a deposition; produce designated books, documents, records, electronically stored information, or tangible items; or permit inspection of premises,” then “the time and place and the manner of the taking of the deposition, the production, or the inspection must comply with Wisconsin's rules and statutes relating to discovery, including ch. 804.”
§ 887.24(5)The advisement on the form points here. Section 805.07(3) reads: “Upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, the court may (a) quash or modify the subpoena if it is unreasonable and oppressive or (b) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things designated therein.”
§ 805.07(3)Subsection (6)(a) reads: “An application to the circuit court for a protective order or to enforce, quash, or modify a subpoena issued under this section will commence a special proceeding.” Filings follow Wisconsin law, “including service under s. 801.14 (2), and must be filed with the circuit court in the county in which discovery is to be conducted. Applications to enforce a subpoena must include proof of service of the subpoena.”
§ 887.24(6)(a)The application, not the issuance, is what brings the court’s machinery into play. Subsection (6)(b) reads: “On filing an application under this section, a petitioner shall pay a fee as specified in ch. 814.” and “The circuit court in which the application is filed shall assign it a case number.” The committee note agrees: “A file will be created if a special proceeding is commenced to enforce, quash, or modify the subpoena.”
§ 887.24(6)(b); Committee NoteFee shifting runs both ways in Wisconsin. Subsection (6)(c) reads in full: “The court in its discretion may award any prevailing party its reasonable attorney fees and expenses.”
§ 887.24(6)(c)Subsection (6)(d) reads: “A final order granting, denying, or otherwise resolving an application under this subsection is a final order for purposes of filing an appeal in accordance with s. 808.03 (1)”, the section on appeals to the court of appeals.
§ 887.24(6)(d); § 808.03(1)Served 123 LLC handles the service and the certificate of service.
Get a Free Quote Online →A Wisconsin subpoena may command books, papers, documents, electronically stored information or tangible things under § 805.07(2)(a). These cards cover electronic formats, privileged pages produced by mistake, the form’s hold line, patient health care records under § 146.82 and the federal HIPAA rule at 45 C.F.R. § 164.512(e) for disclosures in court proceedings.
Section 805.07(2)(c) supplies the default: “If a subpoena does not specify a form for producing electronically stored information, the person responding shall produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. The person responding need not produce the same electronically stored information in more than one form.”
§ 805.07(2)(c)Section 805.07(2)(d) reads: “If information inadvertently produced in response to a subpoena is subject to a claim of privilege or of protection as trial preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it.” And “The producing party must preserve the information until the claim is resolved.”
§ 805.07(2)(d)In 2023 WI 39 the Wisconsin Supreme Court set out § 146.82(1): “[a]ll patient health care records shall remain confidential.” It noted that § 146.82(2)(a)4. allows disclosure under “a lawful order of a court of record.” Whether a given subpoena meets that test is for counsel to weigh before a provider is asked.
§ 146.82(1), (2)(a)4.HIPAA covers the provider’s side. Disclosure “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal” turns on satisfactory assurance that the patient was given notice, or that a qualified protective order was sought, or on the provider’s own efforts toward either.
45 C.F.R. § 164.512(e)(1)(ii), (vi)The statewide form tells a records holder: “This is a third-party subpoena. Unless all parties agree otherwise, do not provide any requested items before the date and time of the above proceeding.”
State FormAn order changes the federal test. A provider may disclose “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”.
45 C.F.R. § 164.512(e)(1)(i)For a records request, we prepare the papers under § 887.24, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →Each of these points comes from § 887.24, chapter 805 or the state form. Most turn on the county, the five required items or the motion rules.
Before service, we compare the papers we prepare with the statutes and raise anything that needs your input.
Type a town, city or ZIP code to find the county, and the finder names that county’s Clerk of Circuit Court.
The Wisconsin Clerks of Circuit Court Directory gives each clerk’s contact details.
Wisconsin shares borders with four states, so a witness may sit just over the line. “No” is Wisconsin’s rule text alone; “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 |
|---|---|---|---|
| Wisconsin | Wis. Stat. § 887.24 (eff. Jan. 1, 2016) | No | Clerk of circuit court, discovery county, or a Wisconsin attorney |
| Illinois | 735 ILCS 35 (P.A. 99-79) | Check | Clerk of court, discovery county |
| Iowa | Iowa R. Civ. P. 1.1702 (eff. Feb. 4, 2013) | Check | County clerk (signed blank) or an Iowa attorney |
| Michigan | MCL 600.2201 to 600.2209 (2012 PA 362) | Check | Circuit court clerk, discovery county |
| Minnesota | Minn. R. Civ. P. 45.06 (eff. July 1, 2015) | Check | Court administrator, discovery county, or a Minnesota attorney |
Each answer cites a Wisconsin statute or the state form. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
No lawyer is required. A party, one without counsel included, may present the foreign subpoena to the clerk under § 887.24(3)(b); hiring a Wisconsin attorney to sign it as an officer of the court under § 887.24(3)(c) is an option, not a condition. Neither route makes the requester a litigant before Wisconsin courts, per § 887.24(3)(d). See the statute section.
Any county where the company carries on substantial business, under § 887.24(3)(a)1., which can mean more than one choice for a firm with plants or branches across the state. A human witness is tied to the home county instead. Type a town or ZIP code into the finder below to match it to its county. See the county finder.
Long riders, document schedules and definitions ride along in the attachment, because § 887.24(3)(a)3. carries the whole foreign subpoena with the Wisconsin paper. The state form itself allows material to be added but forbids rewording its printed text, so nothing is squeezed into its boxes. See the form card.
On January 1, 2016. Supreme Court Order No. 13-16A repealed and recreated § 887.24 on a Judicial Council petition, and subsection (8) applies the new text to discovery requests in cases pending on or filed after that date. Guides citing the pre-2016 § 887.24 describe a different procedure. See the enactment cards.
No. The Supreme Court’s Order No. 13-16A left the 2015 committee commentary unadopted; it is printed beside the statute as a guide for reading it. One example of its value: it explains why custody of the original subpoena and the return rests with the lawyer who started the discovery. See the certificate card.
No. Section 887.24(4) sends service to chapter 885, and § 885.03 lets any person do it, so the server need not be a sheriff. Reading it aloud, handing over a copy or leaving one at the abode all count, while § 805.07(5) narrows the substitute route. See the service cards.
Only after reasonable diligence fails to reach the witness in hand, under § 801.11(1)(b) as § 805.07(5) applies it. The copy then goes to a family member aged 14 or older, or to another competent adult who lives there, and the server explains what it is. A roommate qualifies; a visiting neighbor does not. See the abode card.
Through the corporate rule that § 805.07(5) borrows from § 801.11(5)(a), when the official is named in that role. Delivery can happen in or outside Wisconsin, or the copy can stay with whoever appears to run that person’s office. Putting the official’s title on the form, not just the company name, is what opens this route. See the officer card.
The requesting side. Under § 887.24(4) our server hands the certificate or affidavit to the party who asked for the subpoena, and that party must produce a copy when another party or the deponent requests one. Hold on to both papers: an enforcement application in Wisconsin cannot go forward without that return attached. See the certificate card.
By application to the circuit court where discovery happens, which opens a special proceeding under § 887.24(6)(a). The advisement printed on every Wisconsin form under § 887.24(3)(a)5. points the witness to § 805.07(3), and that rule expects the motion before the date set for compliance, so waiting until the deposition day is too late. See the motion cards.
Yes. Issuance itself opens nothing, but an application to enforce, quash or modify does: the circuit court numbers it under § 887.24(6)(b), and the petitioner pays the filing fee chapter 814 sets. That Wisconsin number belongs to the dispute alone, while the foreign docket number stays on the subpoena itself. See the case number card.
Either side. The award under § 887.24(6)(c) is discretionary and turns only on who prevails, so a witness who defeats an oppressive subpoena can ask for them, and so can a requester who wins enforcement. The request belongs in the special proceeding in the discovery county. See the fee and appeal cards.
No, not unless every party agrees. The state form labels itself a third-party subpoena and tells the recipient to hold requested items until the date and time of the proceeding, and § 887.24(5) leaves production timing to Wisconsin discovery rules. A custodian who would rather mail records early should get every party’s written agreement first. See the hold card.
The state form commands the witness to appear and give evidence, and warns that failure to appear may result in punishment for contempt, including monetary penalties, imprisonment and other sanctions. Section 887.24(4) has the subpoena served and enforced under chapter 885. See the statute section.
Preparing the Wisconsin subpoena form with the five items § 887.24(3)(a) requires and the foreign subpoena attached, its issuance by the clerk of circuit court for the discovery county, and service by our server if you order it, with the certificate of service sent to you. Every part is priced before you pay. See the route.
The statute’s word is “promptly”: § 887.24(3)(b) sets no number of days. What starts that duty is a submission that complies with paragraph (a), so a form missing one of its five required items is not yet ready for signature. A complete first submission is the surest way to a quick issuance. See the quoted text.
No. The clerk sentence of § 887.24(4), quoted in the statute section, rules out both a charge for issuance and a case file, though the clerk may keep a log of the subpoenas issued. Money enters only if someone later asks the court to enforce, quash or modify, which the case number answer above covers. See the quoted text.
Wisconsin’s own discovery law does, through § 887.24(5), not the rules of the court that issued the foreign subpoena. Set the date on the foreign subpoena with that in mind; a request to change it is a modification heard in the discovery county under § 887.24(6)(a). See the discovery card.
The witness may pick: the format its systems normally hold, or one that is reasonably usable, under § 805.07(2)(c). A requester who needs native files or load-ready exports should say so in the foreign subpoena’s own terms, because once the witness picks, the rule does not demand a second version. See the electronic records card.
One written quote covers document preparation, any issuer’s or clerk’s fee and service if ordered.
