A party may take a deposition in Arizona for use in an action pending out of state. To obtain a subpoena or subpoena duces tecum from the Superior Court of Arizona, the subpoenaing party must file a foreign civil action, captioned as such, consisting of an application under oath that contains the following information:
" The caption of the case and the court in which it is pending including the names of all parties and the names of the attorneys for the parties;
" References to the law of the jurisdiction in which the action is pending which authorized the taking of the deposition in Arizona and such facts as, under that law, must appear to entitle the party to take the deposition and have a subpoena issued for the attendance of the witness;
" A certified copy of the notice of taking deposition, order of the court authorizing the deposition, commission or letters interrogatory or such other pleadings as, under the law of the foreign jurisdiction, are necessary in order to take the deposition;
" A description of the notice given to other parties and a description of the service of the application to be made upon other parties to the action.
Upon the filing of the application, the clerk of the Superior Court of the county in which the deposition is to be taken will issue the subpoena or subpoena duces tecum as requested by the application. An affidavit of service of the application upon all other parties to the civil action must be filed with the clerk of the court. No further proceedings in the Superior Court of the State of Arizona are required, but any party or the witness may make such motions as are appropriate under the Arizona Rules of Civil Procedure.
Do Not File: Unless the subpoena is at issue in a discovery dispute or contempt proceeding, subpoenas customarily are not filed with the court.
Personal Service: Service of a subpoena is made by delivering a copy to the subpoenaed person and, if attendance at a trial, hearing or deposition is commanded, by tendering the statutory witness fees for one day's attendance and the mileage allowed by law. Any person over eighteen (18) years old and not a party can make service. Copies must be served on every party to the action. A subpoena issued by the Superior Court of Arizona is validly served anywhere in the state of Arizona.
Proof of Service: Proof of service is made by filing a certified statement from the person who made the service with the clerk of the court where the case is pending. The statement must include the date and manner of service and the names of the persons served.
