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Foreign Subpoenas

foreign subpoenas 2

Why Use A Foreign Subpoena?


When a party cannot obtain an authorization (e.g. Is not representing claimant who can sign an authorization, legal gamesmanship between parties)


Records are out of state and of a type not subject to release via authorization

A foreign subpoena is a subpoena issued under the authority of a court of record of a foreign jurisdiction. A foreign subpoena is needed when you want to take the deposition of a non-party or obtain records from a non-party in another state.

Foreign Subpoenas Are Also Known As:

Out-of-State Subpoena Interstate Subpoena / Deposition Foreign Commission

Example #1

Defense Law Firm wants records in Georgia on a Medical Malpractice Case in California. The Custodian of Records in Georgia is only willing to release the records with a valid authorization or subpoena. The custodian has already rejected the California Deposition Subpoena because it is not valid in Georgia.

A Foreign Subpoena is needed.

Example #2

Plaintiff got into a car collision with Defendant while vacationing in Aspen, Colorado and sought treatment while still in Colorado. Defense Law Firm wants medical records in Colorado on a automobile accident Case pending in California. Defense Law Firm attempted to issue and serve a California Deposition Subpoena on a Colorado facility.Plaintiff’s Counsel objected to the subpoena. Custodian of Records rejected the California Deposition Subpoena because it is not valid in Colorado.

A Foreign Subpoena is needed.