Foreign Deposition Subpoenas, Interstate Process and Collections

 

Co-Authored by

·          Tony Klein

A Founding Member of NAPPS; Member of CAPPS; Owner of Process Server Institute and Attorney Service of San Francisco

and

·          John Perez, Esq.

NAPPS Member & Director of The National Institute for Professional Process Service; NJ Legal Process

  

 

Overview of State Procedures

State Procedure Example

For Case Originating in New Jersey

Deposition in California

*     California Procedure to obtain subpoena 

California Subpoenas and Forms

·          Deposition Subpoena for Personal Appearance

·          Deposition Subpoena for Personal Appearance and Production of Documents or Things

·          Deposition Subpoena for Production of Business Records

·          Notice to Consumer or Employee and Objection

 

For Case Originating in California

Deposition in New Jersey

·          New Jersey Procedure to obtain subpoena

Deposition in Florida     

·          Florida Procedure to obtain subpoena

 

Overview of Federal Procedure for Subpoenas

  

 

Forwarding Work Outside State

What to Plan to Avoid Problems

Responsibilities of Sending Agency

Service Requirements

·          Process Server's Legal Authority to Serve

·          Proof /Affidavit of Service Requirements

·          Affidavit and Proof of Service Requirements Guide

What to Charge for Forwarding Work

 

Receiving Work from Outside State

Responsibilities of Receiving Agency

 

State Procedure Examples

For Case Originating in California

·          Service in Texas

·          Service in New York

 

For Case Originating in New Jersey

·          Service in Florida

·          Service in California

 

Federal Lawsuits

·          Service Under the Laws of Either State

·          Service on Sunday

 

Subpoenas and Witness Fees

 

Federal Judgments

Registering Federal Judgments in the Local District Court

Sister-State Judgment Procedure Described

Overview of Levy Process in California

State Procedures

Federal Procedures