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Do I have to pay witness fees for an out-of-state deposition domesticated in California?

A 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 […]

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Your out of state subpoena in California still has to comply with California law

On 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 […]

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The Uniform Interstate Depositions and Discovery Act Needs to Change

Hickman & Robinson was inspired by the difficulty attorneys have encountered in trying to propound discovery (including depositions and subpoenas) in other states. In certain cases, I’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 Depositions […]

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Does my California subpoena need to be personally served?

Along 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 […]

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