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.
Filing a foreign subpoena can be a complex, time-consuming and costly process.
First there is the general challenge of reconciling and blending the application from two jurisdiction. Then, there is also the issue of knowing the requirements of a valid subpoena for both jurisdictions.
Ontellus has the in-house resources, tools and experience to make your foreign subpoenas a seamless process.
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.
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
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