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Home / Firm Blog / General / Procedure for Subpoenaing Michigan-Based Documents and Inspections for Matters Pending Outside Michigan
03
March
2015

Procedure for Subpoenaing Michigan-Based Documents and Inspections for Matters Pending Outside Michigan

If a party to out-of-state litigation needs to subpoena a Michigan resident or company to be deposed or produce documents, the out-of-state litigant can follow the rules set forth in Michigan's Uniform Interstate Depositions and Discovery Act (MCL 600.2201 et seq), which was recently adopted in Michigan. If the out-of-state litigation was filed on or after April 1, 2013, here's how a party can obtain discovery from a Michigan resident or company related to the out-of-state litigation:

  1. Submit the foreign subpoena to clerk of circuit court in the county in which discovery is sought;
  2. Once a party submits the foreign subpoena to a clerk of the circuit court, the clerk will issue a subpoena for service upon the person to which the foreign subpoena is directed.
  3. The Michigan subpoena (form CC 11a) will: a.) incorporate the terms of the foreign subpoena, and b.) contain or be accompanied by the names, addresses, and telephone number of all counsel of record in the out-of-state proceeding;

Filing a request for a Michigan subpoena under the UIDDA does not constitute an appearance in Michigan courts (so no unauthorized practice of law concerns for out-of-state attorneys); however:

  1. The Michigan subpoena must be served in compliance with the Michigan Court Rules; and
  2. Michigan's Court Rules apply to subpoenas issued under the UIDDA.

 

 

DJW2013web


David J. Williams
Attorney
The Gallagher Law Firm, PLC
2001 Abbot Road
East Lansing, MI 48823
(517) 853-1510
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Categories: General

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