Washington DC

The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within Washington, DC.

The party seeking the subpoena must comply with the following statute:

Uniform Interstate Depositions and Discovery Act

Click here for District of Columbia Chapter 4A

Serving the subpoena (Rule 45):

Click here for District of Columbia Rules of Civil Procedure

Washington DC sample subpoena:

Click here for District of Columbia Sample Subpoena Form

Click here for District of Columbia Courts Main Forms Website

Required Steps:

To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to the Clerk of the Superior Court. A request for the issuance of a subpoena under this subtitle does not constitute an appearance in the courts of the District of Columbia.

When a party submits a foreign subpoena to the Clerk of the Superior Court, the clerk, in accordance with the Rules of the Superior Court, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

A subpoena under this section shall:

  1. Incorporate the terms used in the foreign subpoena; and
  2. Contain 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.

A subpoena served under this section must comply with the District of Columbia’s rules on service of subpoenas.

Pay $10 for foreign subpoena.

Witness fees:

As per DC Code section 15-714, witness fees are paid at the same rate as witnesses in the United States District Court. The rate is currently $40 per day. Mileage is .54 per mile to and from the site where witness is requested to appear.

Notice time:

Rule 45 provides that the subpoena must allow for reasonable time for compliance.   Unless otherwise ordered by the court, prior notice in writing of any commanded production of documents and things or inspection of premises before trial shall be served on each party at least 14 days before the time specified for compliance.

Notice to adverse parties:

As per Rule 30, a party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action.