Serving a New Jersey subpoena in California isn’t automatic. California law requires you to domesticate it properly under the Uniform Interstate Depositions and Discovery Act (UIDDA). Here’s how to do it correctly and avoid costly mistakes.
Why Domestication Is Required
If you’re handling a case pending in New Jersey but need testimony, documents, or records from someone located in California, you can’t simply send a New Jersey subpoena across state lines. California courts will not honor it unless it has been domesticated—meaning reissued by a California court.
Fortunately, both New Jersey and California have adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), which creates a simplified process for cross-state subpoena domestication in civil cases.
Step-by-Step Guide to Domesticate a New Jersey Subpoena in California
Here’s how to legally domesticate a New Jersey subpoena for service within California:
1. Prepare the Required Documents
You’ll need to gather and prepare the following:
- A file-stamped copy of the original subpoena issued by the New Jersey court
- A completed Application for Discovery Subpoena (SUBP-030)
- One of the following California subpoena forms:
Make sure the California subpoena form is filled out but left unsigned. It will be issued by the clerk of the California court.
2. File the Documents in the Appropriate California County
File the documents in the Superior Court of the county where the deponent, witness, or records custodian is located. No motion, hearing, or California attorney is required under UIDDA rules.
Check the local filing procedures—some courts allow eFiling, while others require physical submissions or specific supporting documents.
3. Pay the Filing Fee
The filing fee for submitting an Application for Discovery Subpoena (SUBP-030) is $45.00, per California Government Code § 70626(b)(5). Some courts may charge extra for certified copies.
4. Serve the Issued California Subpoena
Once issued by the California court, the subpoena must be served according to California law. A registered process server or any qualified non-party over 18 years of age can serve it.
For business records subpoenas, ensure compliance with Evidence Code §§ 1560–1561 regarding timing, notices, and proof of service.
Common Reasons for Domestication
You may need to domesticate a New Jersey subpoena in California if:
- A witness lives or works in California and is needed for a New Jersey court case
- Business records critical to a New Jersey litigation are located with a California-based entity
- Depositions or discovery are necessary from parties residing in California for use in a New Jersey court proceeding
Avoid These Common Pitfalls
- Do not attempt to serve a New Jersey subpoena directly in California. It will not be legally enforceable without domestication.
- Use the correct California Judicial Council forms. SUBP-030 must accompany a properly completed subpoena form.
- Research local court filing rules. Requirements may vary slightly by county, including special cover sheets or wet signature demands.
- Allow sufficient time for court issuance and service. Discovery deadlines can be strict—plan ahead.
We Can Help You Handle It
At Countrywide Process, we take the stress out of subpoena domestication:
- Review and verify your New Jersey subpoena
- Prepare the correct California UIDDA documents
- File and issue subpoenas through the proper California Superior Court
- Handle lawful service of the subpoena on your behalf
- Return court-stamped subpoenas and completed proofs of service
Ready to Get Started?
Use our Platform to submit your Subpoena Domestication Order or call us at (888) 962-9696 to begin the process today.
FAQs
Q: Do I need to hire a California attorney to file the domestication?
– No. Under UIDDA, you can file the documents without an attorney.
Q: How quickly can I have a California subpoena issued?
– Issuance typically takes 1–3 business days, depending on the county and court backlog.
Q: Can I request production of digital evidence?
– Yes. Specify clearly if you are requesting electronically stored information (ESI) and the format needed.
Q: Is UIDDA used for criminal subpoenas?
– No. UIDDA applies only to civil cases. Criminal subpoenas require different procedures.
Q: What happens if the subpoena is served incorrectly?
– Improper service can invalidate your subpoena. That’s why we recommend using professional process servers familiar with California rules.
