Tuesday, February 15, 2011

Foreign Deposition Subpoenas (Updated 2015)

Foreign Deposition Subpoenas (Updated 2015)
Where the underlying action or proceeding is located outside of Arizona and the testimony of a witness or document production is needed, RapidRPS.com can assist with securing a subpoena and copying documents.  RapidRPS.com is a Legal Document Preparer, authorized by the Arizona Supreme Court.  The Clerk of the Superior Court of Arizona issues Foreign Deposition and Document Production subpoenas.  To have a Foreign Deposition Subpoena issued, the following are required:

1.       The subpoena issued in your state.  It should also have any other pleadings required by the laws of your state (i.e.: Notice of Deposition, Commission by your court, etc.).  If you are requesting records, or copies of documents and things, we will also need a list of them that are to be copied and remitted to you. 

2.       Fees.  The fee for the Arizona Superior Court to issue a subpoena is currently $27.  For depositions, Arizona statute (ARS § 12-303) currently states that a witness shall be paid $12 per day for each day’s attendance, and $.20 per mile, one way only. 

3.       The names, addresses, and telephone numbers of all counsel of record in the proceeding, as well as any party not represented by counsel.  Each must be served with a copy of the subpoena issued by the court.

4.       The method for recording the testimony of a deposition must be stated (i.e.: stenographer, video, etc.).

5.       If the subpoena for production of documents and things includes electronically stored information, the subpoena should specify the form it is to be produced.  RapidRPS.com offers document scanning and reproduction services to our clients.

Service of a subpoena:  A subpoena may be served anywhere within Arizona.  A copy of the subpoena shall be served on every other party [ARCP Rule 5(c)].

Time frame:  A subpoena for personal appearance may be served at a reasonable time before the scheduled deposition.  A person served with a subpoena may file an objection to appearance or production of documents and things.   

Commanding appearance:  A subpoena commanding a person who is neither a party nor a party's officer to attend and give testimony at a hearing or deposition may not require the subpoenaed person to travel to a place other than:  (i) the county in which the person resides or transacts business in person; (ii) the county in which the person is served with a subpoena, or within forty miles from the place of service; or (iii) such other convenient place fixed by a court order.

RapidRPS.com can file, obtain and serve your subpoena for you.  
Call us at (877) 472-7431 for details.