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

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

Click here for Pennsylvania Title 42, Section 5335

Serving the subpoena:

Click here for Pennsylvania section 35.142

Pennsylvania sample subpoena:

Click here for Pennsylvania Sample Subpoena Form

Click here for Pennsylvania Courts Main Forms Website

Required Steps:

  1. To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a prothonotary in the jurisdiction in which the person who is the subject of the order resides, is employed or regularly transacts business in person. A request for the issuance of a subpoena under this subchapter does not constitute an appearance in the courts of this Commonwealth.
  2. Duty of prothonotary.–A prothonotary in receipt of a foreign subpoena shall, in accordance with that court’s procedure, promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed.
  3. 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.
  4. A subpoena served under this section must comply with Pennsylvania’s rules relating to service of a subpoena.
  5. Contact the county’s prothonotary for any fees: Click here for Pennsylvania Prothonotaries Main Website

Witness fees:

As per PA Code Title 42 Section 5903, witness fees are $5 per day and .07 per mile for travel to and from the place named in the subpoena. A witness under the act of March 30, 1937 (P.L.115, No.40), known as “The First Class City Permanent Registration Act” shall be paid at the rate of $20 per day.

Notice time:

Rule 234.1 requires that a subpoena be served reasonably in advance of the date upon which attendance is required.

Notice to adverse parties:

As per PA Code of Civil Procedure Rule 4007, 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, except that no notice need be given a defendant who was served by publication and has not appeared in the action. A party noticed to be deposed shall be required to appear without subpoena.