You may be asking yourself, “Why do I have to ‘domesticate’ a subpoena? What does that even mean?” The reason subpoenas have to be domesticated stems from American Federalism. The extent of a state’s subpoena power is coterminous with its borders. (See 97 C.J.S., Witnesses, § 17, p. 367, § 23, p. 375, § 25, […]
See MoreJust as with Google, there are many reasons one might have to subpoena records from Facebook. For instance, you can determine the name used to register a account, e-mail addresses used for registration, the IP address associated with account activity, any phone numbers that are associated with the account, and even credit card or PayPal […]
See MoreThere are many reasons one might have to subpoena records from Google. It is critical to understand that if one wants to subpoena records from Google in a non-federal case that is outside of California, the subpoena must first be domesticated so it is enforceable under California law. Per Google: Google LLC accepts civil requests for user […]
See MoreA very common question asked in interstate discovery revolves around which state’s laws apply. In other words, if one issues a subpoena out of, let’s say Arizona, and that subpoena is domesticated in California, do Arizona’s rules apply or do California’s? The answer is: it depends. Matters of civil procedure will typically fall under California law. The […]
See MoreOn the bottom of the SUBP-030 California Judicial Council form there is short, but extremely important disclaimer. It reads: “Note: This application must be accompanied by the fee specified in Government Code section 70626. A discovery subpoena must be personally served on the deponent in compliance with California law, including Code of Civil Procedure section […]
See MoreThis website was inspired by the difficulty attorneys have encountered in trying to propound discovery (including depositions and subpoenas) in other states. In certain cases, we’ve had to compel parties or business to produce key evidence and was shocked when I knew more about the process than clerks in other state courts. The Uniform Interstate […]
See MoreAlong with the other cumbersome aspects of interstate discovery, many non-California attorneys are not familiar with California’s service rules. This can be especially important because the Uniform Interstate Depositions and Discovery Act requires service to be effectuated in conformity with the state where the discovery is to be performed. In other words, if you want […]
See MoreUniform acts, like the Uniform Interstate Depositions and Discovery Act (UIDDA), are a very important part of the law. They allow uniformity, coordination, and make it much easier for attorneys to traverse the laws of different state. The Uniform Interstate Depositions and Discovery Act is no different. This Act has been adopted, in some form, […]
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