5.6Foreign Subpoenas

The Uniform Interstate Depositions and Discovery Act (UIDDA)¹ governs the issuance of a subpoena under the authority of a court situated outside Michigan – a foreign subpoena. See MCL 600.2201 et seq.

“To request issuance of a subpoena under [MCL 600.2203], a party must submit a foreign subpoena to the clerk of the circuit court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under [MCL 600.2201 et seq.] does not constitute an appearance in the courts of this state.” MCL 600.2203(1).

“When a party submits a foreign subpoena to a clerk of the circuit court in this state, the clerk, in accordance with the court’s procedures, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.” MCL 600.2203(2). A subpoena under MCL 600.2203(2) must “(a) [i]ncorporate the terms used in the foreign subpoena, [and] (b) [c]ontain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.” MCL 600.2203(3).

“A subpoena issued by a clerk of the circuit court under [MCL 600.2203] shall be served in compliance with Michigan court rules.” MCL 600.2204.² 

“Michigan court rules and statutes of this state applicable to compliance with subpoenas and requests for the production of documents and things or entry on land apply to subpoenas issued under [MCL 600.2203].” MCL 600.2205.

“A motion for a protective order or an order to enforce, quash, or modify a subpoena issued by a clerk of the circuit court under [MCL 600.2203] shall comply with Michigan court rules and be submitted to the circuit court in the county in which discovery is to be conducted.” MCL 600.2206.³

“In applying [MCL 600.2201 et seq.], consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact the [UIDDA].” MCL 600.2207.