Delaware Subpoena, Civil — Statute (Out-of-State). Title 10 Del. C. 4311. Is a statute that regulates the service of process for civil cases in Delaware when the defendant is located outside the state. This statute provides that out-of-state parties may be served with a Subpoena Ducks Cecum, which requires the recipient to produce documents or tangible items for use in the proceedings, or a Subpoena Ad Testificandum, which requires the recipient to appear and testify in court. There are two types of Delaware Subpoena, Civil — Statute (Out-of-State). Title 10 Del. C. 4311.: Subpoena Ducks Cecum and Subpoena Ad Testificandum. Subpoena Ducks Cecum requires the recipient to produce documents or tangible items for use in the proceedings. This type of subpoena must be served on the person or entity with a copy of the complaint and a notice of the time and place of the deposition, hearing, or trial. Subpoena Ad Testificandum requires the recipient to appear and testify in court. This type of subpoena must be served on the person or entity with a copy of the complaint, a notice of the time and place of the deposition, hearing, or trial, and a notice of the witness's right to receive an appearance fee.
Delaware Subpoena, Civil - Statute (Out-of-State). Title 10 Del. C. 4311.
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(1) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to the prothonotary in the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this State.
§ 341. Matters and causes in equity. The Court of Chancery shall have jurisdiction to hear and determine all matters and causes in equity. Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del.
Delaware has adopted the Uniform Interstate Depositions and Discovery Act. Under this act, a party to an out-of-state action who has a subpoena from a non-Delaware court may petition the Delaware Superior Court to issue a subpoena for the person named in the foreign subpoena.
Delaware has adopted the Uniform Interstate Depositions and Discovery Act. Under this act, a party to an out-of-state action who has a subpoena from a non-Delaware court may petition the Delaware Superior Court to issue a subpoena for the person named in the foreign subpoena.
(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
10, § 4311. In order to serve a subpoena pursuant to the Delaware UIDDA, the requestor must send the foreign subpoena to the prothonotary in the county where discovery is sought.
The Court of Chancery and the Superior Court regulate Delaware UIDDA Service subpoenas in Delaware's courts. These principles are also included in the Court of Chancery and Superior Court Rules of Civil Procedure, which govern subpoenas.