The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within the state of Delaware:

The party seeking the subpoena must comply with the following state statutes:

Delaware Uniform Interstate Depositions and Discovery Act:

Click here for Delaware Title 10 rules for subpoenaing in state witnesses for an out of state action.

Service of subpoena – Rule 45:

Click here for Delaware Rules of Civil Procedure

Link to Delaware Court forms:

Click here for Delaware Court Forms

Required Steps:

  1. A Request for Subpoena must be filed in the Prothonotary Office in the county in which discovery will be conducted in Delaware.
  2. File the following documents in the Superior Court:
  3. Cover letter indicating where signed and sealed subpoena should be sent. A contact name or number may be included as well.
  4. An original and a copy of a foreign subpoena. This is defined in Title 10 §4311 (b)(2) as a subpoena issued under authority of a court of record of a foreign jurisdiction.
  5. A completed Delaware subpoena. This is defined in Title10 §4311 (b)(5) as a document, however denominated, issued under authority of court of record requiring a person to attend and give testimony at a deposition; produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or permit inspection of premises under the control of the person.
  6. Filing fee of $75.00, Check payable to: Prothonotary Office.

A subpoena issued under this section must incorporate the terms used in the foreign subpoena, and must contain be or 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.

Witness fees:

As per section 8903 of the Delaware Code, witness fees are currently 2.00 per day, and three cents per mile coming to court and returning.

Notice time:

Under Rule 45 (link above), section (c)(3)(A)(i), there is no specific time requirement for notice, but a subpoena may be quashed for failure to provide reasonable time for compliance.

Notice to adverse parties:

Not required according to Rules of Civil Procedure for the Superior Court of Delaware.