Michigan (MI) - Instate Witness Subpoena/Foreign Subpoena

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From United States Federal Court and Bankruptcy Court subpoenas to STATE COURT subpoenas, including in-state subpoena procedures for use in out of state actions, SubpoenaCentral.com provides a central location for all the information, laws, rules, procedures, forms and the tools you need to issue subpoenas properly, with the correct witness fees, served legally and in a timely manner.

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For Federal Courts and Bankruptcy Courts:

Federal Court and Bankruptcy Court rules. PDF forms and links to additional official court forms.
Witness fee calculator for Federal Court and Bankruptcy Court (zip code to zip code).

For issuing and serving state court subpoenas out of your own state (“Foreign Subpoenas”):

State court laws and rules with links to official source material
Step by step “how to” instructions including service and notice requirements
Instate county lookup by city or zip code (find the county you need)
Witness fee calculator for each state; attendance fee and mileage fees automatically calculated for you.
Links for state judiciary websites.
Links for county courthouse websites for each county in that state.
Sample FORMS!! Including fillable PDF forms and links to all state courts official forms

Michigan

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

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

Click here for Michigan’s Uniform Interstate Depositions and Discovery Act: Section 600.2203

Serving the subpoena:

Click here for Michigan Court Rules section 2.501 et seq

Michigan Sample Subpoena:

Click here for Michigan Subpoena Form

Click here for Michigan Courts Main Forms Website

Required Steps:

Note: Here is an example of one Michigan county’s process, which is electronic. Not all counties have this process:

Oakland County efile pursuant to MCL 600.2201 et seq

To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to a clerk of the circuit court for the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this subtitle does not constitute an appearance in the courts of this State.

When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

A subpoena under this section shall:

Incorporate the terms used in the foreign subpoena; and
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 Michigan’s court rules on service of subpoenas.

No filing fee for out of state subpoena, because no new case is created.

Witness fees:

As per MCL 600.2552, witness fees are $12 per day and $6 per half day. Mileage is paid at .54 per mile.

Notice time:

As per MCR 2.506, notice for a witness to appear at trial is 2 days.

Notice to adverse parties:

Notice to adverse parties is required, as per Michigan court information.