Domesticate a Subpoena in California

How the UIDDA works with California’s Interstate and International Depositions and Discovery Act

The Uniform Interstate Depositions and Discovery Act (UIDDA) is a model law that simplifies the acquisition of discovery—such as depositions, documents, or inspections—from witnesses located in another state in connection with a civil case.

California has adopted its own version of this law in its Code of Civil Procedure, the Interstate and International Depositions and Discovery Act (often referred to as California’s version of the UIDDA, or “IIDDA”).

In practical terms, if you have an out-of-state—or outside the U.S.—civil case but need testimony or documents from a person or entity in California, you can use a streamlined process instead of navigating a complicated, court-based procedure. California’s statutes set out how a party with a foreign case can request a subpoena, how the clerk or an attorney can issue it, and how disputes are handled within California courts.

California’s Interstate and International Depositions and Discovery Act functions as the state’s tailored version of the UIDDA, bringing uniformity and predictability to out-of-state discovery involving California witnesses.

How California’s Act Implements UIDDA Framework

At the heart of the UIDDA framework is the concept of a “foreign subpoena.” This is simply the subpoena issued by the court where the main case is pending—often another state or sometimes a foreign country. To affect a foreign subpoena in California, you may not simply serve it directly. Instead, you use it to generate a local California subpoena that has legal force within the state.

This is where the terms “foreign jurisdiction” and “foreign subpoena” come into play. California’s act defines these terms so that the process applies not only to other U.S. states that follow the UIDDA, but also to certain international discovery requests routed through proper channels. In that sense, California’s IIDDA is broader than many state’s UIDDA counterparts. However, California’s IIDDA remains highly protective of California residents, so it is important to consult with a California attorney to ensure that your out-of-state subpoena comports with and respects California’s laws.

How to domesticate a subpoena in California

If you’re wondering how to domesticate a subpoena in California, the process is more mechanical than adversarial, at least to the point of issuance and service of a California subpoena. In many cases, a party or their counsel will take the original or a true and correct copy of the foreign subpoena and submit it to the clerk of the superior court in the California county where the discovery is going to take place. That filing is what starts the process of turning the out-of-state document into a California subpoena.

Hire Local Counsel

Another option is to engage a California attorney to domesticate the foreign subpoena for the party to the out-of-state case, instead of going through the clerk of the superior court. This process can be faster and more efficient, less expensive, and gives the out-of-state litigant and their attorney the benefit of “boots-on-the-ground” California counsel, familiar with California discovery authority, to handle objections and disputes.

However, submitting that foreign subpoena to the clerk, or engaging a California attorney to domesticate the foreign subpoena for you, does not count as making an “appearance” in California’s courts. That means out-of-state litigants can obtain discovery here without subjecting themselves to full California jurisdiction for all purposes. For many, this can be one of the most attractive aspects of California’s IIDDA subpoena framework.

Service, Compliance, and Disputes Under California Law

Once a subpoena has been properly issued in California under the IIDDA—whether through the clerk or a local attorney—it must be served according to California law.

Personal service is generally required, and the same rules that apply to any in-state subpoena apply here as well. In other words, the IIDDA doesn’t rewrite California’s service rules; it just provides a simplified path to get a valid California subpoena in the first place.

After service, the witness or entity is obligated to comply just as they would with any other California subpoena, subject to the same protections, objections, and privileges available under state law.

Handling objections, protective orders, and motions

What happens when there’s a fight over discovery? Under California’s Interstate and International Depositions and Discovery Act, any disputes related to the subpoena—like motions to enforce, quash, or modify, or requests for protective orders—are heard in the superior court of the county where the discovery is taking place—in California. The appropriate California superior court applies California’s own procedural rules and substantive law of the out-of-state action when resolving the dispute.

Simple Process for California Subpoenas

For practitioners, the main takeaway is that the UIDDA and California’s implementing statute, the IIDDA, transform interstate discovery from a maze into a checklist. If you need to domesticate a subpoena in California, you should:

• Obtain a properly issued foreign subpoena from the trial court where the action is pending

• Decide whether to proceed through the local superior court clerk or through a California attorney

• Ensure that the resulting California subpoena meets all statutory requirements and is served in compliance with state law

Handled correctly, the process is more like converting currency than renegotiating a contract—you are translating an existing command into the local procedural language rather than starting from scratch.

California’s IIDDA provides a clear process to domesticate a subpoena in California, obtain a locally enforceable subpoena, and resolve any disputes under California procedural rules. For litigators working across state lines or national boundaries, understanding this framework is essential to getting the evidence you need without unnecessary delay, cost, or jurisdictional headaches.

If you need to domesticate a subpoena in California, contact our team today.

FAQs

What does it mean to “domesticate a subpoena” in California?

To domesticate a subpoena in California means to take a foreign subpoena from another jurisdiction and convert it into a valid California subpoena by following the procedures in the state’s Interstate and International Depositions and Discovery Act.

Do I always need a California lawyer to issue a UIDDA subpoena?

Not always. A foreign party can typically submit the foreign subpoena directly to the superior court clerk, but retaining a California attorney can streamline the process and allow the attorney to issue the subpoena directly. Our team regularly domesticates subpoenas on California social media and tech companies, such as Meta Platforms (Facebook, Instagram), Google, Yelp, Reddit, LinkedIn, Apple, Airbnb, Glassdoor, TikTok, Snapchat, and Yahoo!.

Does submitting a foreign subpoena mean I’m appearing in California court?

No. Simply submitting a foreign subpoena to obtain a California subpoena under the IIDDA does not constitute a general appearance in California courts.

Which court handles disputes over a domesticated subpoena in California?

The superior court in the county where the discovery is conducted (where the witness from which documents is located) handles motions to enforce, quash, or modify the subpoena and related discovery disputes.