So you have initiated legal action in your local state court but an entity or person that you need information from is based out of or otherwise located in the state of Arizona. What do you do?
Every state has their own unique set of laws and procedures when it comes to domesticating a foreign subpoena and Arizona is no exception. The following are a few important points:
- Make sure you know who the entity’s statutory agent is and where they are located. You should be able to find this by searching the Arizona Corporation Commission’s website. This is important because you will want to have the domesticated subpoena issued out of a court in the county in which the discovery will be produced. The court will charge a fee for issuance of the subpoena.
- Ensure that you are complying with Arizona’s Interstate Depositions and Discovery rules as set forth in Ariz.R.Civ.P., Rule 45.1. Pay attention to special language requirements.
- The subpoena must be served in accordance with Ariz.R.Civ.P., Rule 45(d). Don’t forget to tender any applicable witness fee and mileage allowed by law. See A.R.S. § 12-303.
- If you are commanding attendance at a deposition or hearing, the place of appearance must be consistent with with Ariz.R.Civ.P., Rule 45(B)(3).
- You will have to arrange to have the subpoena served, e.g. through a process server.
Many can absolutely accomplish the goal of foreign subpoena domestication in Arizona entirely on their own (as long as you pay close attention to the rules), however, if you are unsure of the process, or otherwise just don’t want the hassle of it, feel free to reach out to us. We are here to help you navigate and/or take over the nuances.
If you are in need of assistance with laws and procedure in the state of Arizona and are looking for that solid “friend in the lawyering business” consider Beebe Law, PLLC! We truly enjoy helping our business and individual clients meet and exceed their goals! Contact us today.
All information contained in this blog (www.beebelawpllc.blog.com) is meant to be for general informational purposes only and should not be misconstrued as legal advice or relied upon. All legal questions should be directed to a licensed attorney in your jurisdiction.