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:

  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 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.