Need to serve a Colorado subpoena on a person or business located in California? You must first domesticate it properly under California law using the Uniform Interstate Depositions and Discovery Act (UIDDA). Here’s exactly how the process works.
Why Domestication Is Required
If you’re involved in a case pending in Colorado but need testimony, records, or documents from someone located in California, you can’t simply serve the Colorado subpoena across state lines.
California courts require any foreign subpoena to be domesticated—reissued and filed with the proper California court before it can be enforced.
Fortunately, both Colorado and California have adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), which simplifies cross-state discovery procedures in civil cases.
Step-by-Step Guide to Domesticate a Colorado Subpoena in California
Follow these steps to properly domesticate your Colorado subpoena for valid service in California:
1. Prepare the Required Documents
You will need:
- A file-stamped copy of the original Colorado subpoena
- A completed Application for Discovery Subpoena (SUBP-030) form
- One of the appropriate California subpoena forms:
- SUBP-035 – Deposition Subpoena for Personal Appearance
SUBP-040 – Deposition Subpoena for Production of Business Records
- SUBP-045 – Deposition Subpoena for Personal Appearance and Production of Documents
- SUBP-035 – Deposition Subpoena for Personal Appearance
The California subpoena should be completed but unsigned. It will be officially issued by the California court clerk.
2. File the Documents in the Correct California County
You must file the paperwork in the Superior Court of the county where the deponent, witness, or records custodian is located.
UIDDA allows for administrative filing without requiring a court hearing or the retention of a local attorney.
Check the county’s rules: some allow eFiling, others require in-person filing or wet-ink originals.
3. Pay the Required Filing Fee
California charges a $45.00 filing fee for the Application for Discovery Subpoena (SUBP-030), pursuant to Government Code § 70626(b)(5).
Additional fees may apply if certified copies are requested.
4. Serve the Issued California Subpoena
After the subpoena is issued by the California court, it must be served according to California service of process laws.
- Service must be completed by a registered California process server or an adult over 18 who is not a party to the case.
- If requesting business records, compliance with California Evidence Code §§ 1560–1561 is necessary.
Common Reasons to Domesticate a Colorado Subpoena in California
You may need to domesticate a Colorado subpoena in California if:
- A witness lives, works, or maintains regular business activities in California
- A California-based business holds important records or electronically stored information (ESI) related to your Colorado litigation
- You require testimony, document production, or deposition evidence for a pending Colorado court case
Avoid These Common Pitfalls
- Do not attempt to serve a Colorado subpoena directly in California. It must first be domesticated and reissued by a California court.
- Use the correct forms. You must submit SUBP-030 with the correct corresponding California subpoena (SUBP-035, SUBP-040, or SUBP-045).
- Check county-specific rules. Requirements like cover sheets, extra copies, and envelopes vary from court to court.
- Allow enough processing time. Plan ahead to meet discovery deadlines and court schedules.
We Can Help You Handle It
At Countrywide Process, we take care of the entire domestication process:
- Review and verify your Colorado subpoena
- Prepare the necessary California UIDDA-compliant forms
- File and issue the subpoena through the correct California Superior Court
- Complete service of process legally and promptly
- Provide stamped court copies and valid proof of service documentation
Ready to Get Started?
Use our Platform to submit your Subpoena Domestication Order or call us at (888) 962-9696 to begin today.
FAQs
Q: Can I serve a Colorado subpoena directly in California without domestication?
– No. It must be domesticated through the California Superior Court under UIDDA rules.
Q: Do I need to hire a California attorney to domesticate a subpoena?
– No. UIDDA allows filing without the assistance of local counsel.
Q: How fast can the subpoena be issued?
– Issuance typically takes 1–3 business days, depending on the court’s current workload.
Q: Can I request digital data or electronic files?
– Yes. Specify exactly what electronically stored information (ESI) you are requesting in the subpoena instructions.
Q: Does UIDDA apply to criminal subpoenas?
– No. UIDDA only applies to civil litigation matters.
