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.

David J. Williams
Attorney
The Gallagher Law Firm, PLC
2001 Abbot Road
East Lansing, MI 48823
(517) 853-1510
djw@thegallagherlawfirm.com