At RapidRPS.com, we get calls frequently about filing and serving foreign subpoenas. For educational purposes (we don't render legal advice), we've compiled some information to secure a Foreign Deposition (Subpoena) in Arizona.
The Court Clerk posts on their website that they want:
- The filing fee of $301, payable to the Clerk of the Court;
- Each Subpoena requires an issuance fee of $26, payable to the Clerk of the Court;
- Subpoena forms (these are typed and formatted on pleading paper and not available from the Clerk's office -- contact RapidRPS.com for further);
- A Civil Cover Sheet;
- A Praecipe completed in full;
The Rule pertaining to the issuance of the Foreign Deposition (Subpoena) in Arizona may be noted here:
- Arizona Rules of Civil Procedure (ARCP) Rule 30(h):
- "When an action is pending in a jurisdiction foreign to the State of Arizona and a party or a party's attorney wishes to take a deposition in this state, it may be done and a subpoena or subpoena duces tecum may issue therefor from the Superior Court of this state. The party or the attorney shall file, as a civil action, an application, under oath, captioned as is the foreign action, which contains the following information:
- (a) The caption of the case and the court in which it is pending including the names of all parties and the names of the attorneys for the parties;
- (b) References to the law of the jurisdiction in which the action is pending which authorized the taking of the deposition in this state and such facts as, under that law, must appear to entitle the party to take the deposition and have a subpoena issued for the attendance of the witness;
- (c) A certified copy of the notice of taking deposition, order of the court authorizing the deposition, commission or letters rogatory or such other pleadings as, under the law of the foreign jurisdiction, are necessary in order to take the deposition;
- (d) A description of the notice given to other parties and a description of the service of the application to be made upon other parties to the action.
- Upon the filing of the application, the clerk of the Superior Court of the county in which the deposition is to be taken shall forthwith issue the subpoena or subpoena duces tecum as requested by the application. An affidavit of service of the application upon all other parties to the civil action shall be filed with the clerk of the court.
- No further proceedings in the Superior Court of the State of Arizona are required but any party or the witness may make such motions as are appropriate under the Arizona Rules of Civil Procedure."
Regarding witness fees, the following statute (ARS 12-303) should be noted:
- 12-303. Witness fees and mileage. "A material witness attending the trial of a civil action shall be paid twelve dollars for each day's attendance to and including the time it was necessary for him to leave his residence and go to the place of trial and his discharge as a witness. The witness shall also be paid mileage at the rate of twenty cents for each mile actually and necessarily traveled from his place of residence in the state of Arizona to the place of trial, to be computed one way only."
Sources:
RapidRPS.com can file, obtain and serve your subpoena for you. Give us a call at (877) 472-7431 for details.
