Commissions and Letters Rogatory
Before the UIDDA, every interstate subpoena needed a commission: an order from your court appointing someone in the other state to take the testimony. A letter rogatory is the formal request from one court to another for that help.
Both are still used. New Hampshire relies on them, Massachusetts also accepts a commissioner appointed under your state’s authority, and international discovery runs on letters rogatory or treaties.
A commission names the officer or court in the other state, so its wording has to match what that state accepts. Getting it right the first time saves a second order from your court.
When We Ask You for One
If the witness’s state requires a commission, your quote says so and names the wording that state accepts. Your court issues it; we prepare everything that follows.
Do You Need Local Counsel?
In most UIDDA states, no: asking the clerk to issue is not an appearance and needs no admission of out-of-state counsel. Counsel matters where a judge must review the request, and in Missouri and Connecticut, where an attorney must file it.
Counsel, Included in Our Fee
In New York and New Jersey, our local attorney issues the subpoena directly. In Missouri and Connecticut an attorney is required: our local counsel files with the local court. Either way, counsel is included in our fee.
Representing Yourself?
Under the UIDDA, a party presents the foreign subpoena to the clerk, so a party without a lawyer can ask for issuance too. In Missouri and Connecticut, our local counsel files for you, inside our fee. We prepare the request for you the same way we do for a law firm.
If the witness moves to quash, that is a motion in the discovery state’s court. Your counsel decides how to answer it. We are not a law firm and do not give legal advice.