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Our Michigan Private Process Serving Firm is frequently contacted by attorneys from other states seeking to get an out-of-state Subpoena issued in Michigan for cases pending in other states. This process used to be tedious, time-consuming, and expensive. However, it is now an easy procedure to undertake and can be done by an out-of-state attorney that is not licensed to practice law in Michigan.
Michigan’s Uniform Interstate and Discovery Act
On April 1, 2013, the State of Michigan adopted the Uniform Interstate Discovery Act. The statute is referenced at MCL 600.2201. Prior to that adoption, out-of-state litigants were required to file a new lawsuit in Michigan for the sole purpose of having a subpoena issued by the court. The Act now sets forth the process for requesting a court issue a subpoena for a court case pending in another state. The request for the subpoena does not require the clerk of the court to create a new case, so there will be no case code assigned to the matter.
In addition, the clerk of the court should not collect a fee when the sole purpose of a request is only to issue a subpoena.
The Procedure for Getting A Subpoena Issued in Michigan
To get your Subpoena issued in Michigan, you need to comply with the following:
Step 1: Determine the Proper County
Requests for subpoenas must be made in the county circuit court where discovery is sought. Discovery can only be sought in the county where a person lives, works, transacts business, or is found. Therefore, if you want to subpoena records from a business in Detroit, you must make your request in the Wayne County Circuit Court located in Detroit, Michigan.
Michigan has both circuit Courts and district courts. It is important that you only request your subpoena through the circuit court, as the act specifies it must be made in that court.
Michigan has 57 circuit courts located throughout the state. The circuit courts handle all civil cases with claims more than $25,000 and all felony criminal cases. Divorce and family law cases are also handled in the circuit, but many courts have a separate Family Law Division. All divisions typically share the same clerk of the court for case filings, as well as for all other legal pleadings.
You will need to determine which county to file your request for a subpoena. A map of all circuit court and district courts in the state can help identify the proper county courthouse to file your paperwork. You can also just research a particular city to determine its county. If you are unsure on where to file your matter, feel free to email us. While we are not attorneys nor are we able to provide legal advice, we can share our first-hand knowledge on getting these subpoenas issued. We have been providing this service for 25 years.
Step 2: Submit Your Subpoena
Once you determine the proper county, you must submit your out-of-state subpoena to the clerk of the circuit court. The court clerk must then issue a subpoena to be served on the person who is the subject of the foreign subpoena. The subpoena must contain the following information:
Step 3: Serving Your Subpoena
At Swift Process Servers, LLC., we are very experienced with filing and serving domesticated subpoenas. We do twice-a-week filings in the following courts. Filings are typically done on Tuesdays and Thursdays weekly to ensure we can offer a 72-hour turnaround for our regular clients. We offer discounted filing fees for court filings and subpoena domestication if we are handling the service of process on the issued matter. We also offer rush court filings and service of process if you need assistance on an urgent court filing or service of process.
Courts we offer court filings in:
The form filed in the court with the issuing court’s subpoena is form CC11A
Download the form CC11A
Subpoena domestication is typically quoted on a case-by-case basis.
Fees are based on the following:
Feel free to email us at [email protected] to get a no-obligation quote on your court filing.
Email us now for a no-obligation quote
4337 E. Grand River Ave #101
Howell, MI 48843
(517) 295-5655
Trusted Michigan process servers. Swift Process Servers, LLC.
Serving Eaton, Ingham, Livingston, Oakland, Washtenaw, Wayne Counties
