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

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

Interstate and International Depositions and Discovery Act:

Click here for Indiana Chapter 34-44.5

Click here for Indiana Rules of Trial Procedure, Rule 28(e)

Serving the subpoena:

Click here for Indian Rule 45

Sample subpoena form:

Click here for Indiana Forms

Required Steps:

Note that this is the procedure under the Interstate and International Depositions and Discovery Act. For the procedure under rule 28(e), check the website of the Indiana County in which you are seeking a subpoena.  Click on the county link on this page.

  1. A party must submit a foreign subpoena to a clerk of the court in the Indiana county in which discovery is sought. A request for the issuance of a subpoena does not constitute an appearance in the courts of Indiana.
  2. The clerk will issue a subpoena for service upon the person to which the foreign subpoena is directed. It must incorporate the terms used in the foreign subpoena and contain 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.
  3. Forward the information to the party performing service. There is no cost to issue the subpoena, but there may be a cost for the sheriff in the designated county to serve the subpoena.

Witness fees:

As per Indiana code 33-37-10-3 are $5.00 a day and .40 per mile to and from the court.

Notice time:

Does not appear to be specified, so use “reasonable time.”

Notice to adverse parties:

Rule 5 of Indiana Trial Procedure, notice to adverse parties is required. This is also covered under “Pre Service Notice” under Rule 45.