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.
A Phoenix Subpoena for Deposition in Arizona is a legal document that compels a person to provide testimony or produce documents during the discovery phase of a civil litigation pending outside the state of Arizona. It is used to gather evidence, as well as establish facts and testimonies relevant to the case. This subpoena is specifically issued by the courts in Phoenix, Arizona, and can be served to an individual or a corporation to obtain their deposition. A deposition is a formal, out-of-court testimony given under oath, typically conducted in the presence of attorneys representing both parties involved in the civil action. The purpose of the Phoenix Subpoena for Deposition is to compel the deponent's presence at a specified time and place conducive to the out-of-state litigation. It ensures that the deponent is aware of the legal obligation to provide truthful testimony and relevant documents. Several types of Phoenix Subpoenas for Deposition in Arizona may be applicable in a civil action pending out of state: 1. Standard Subpoena for Deposition: This type of subpoena is commonly used to request an individual's presence at a deposition. It specifies the time, date, and location where the deposition will take place. 2. Subpoena Ducks Cecum: This type of subpoena compels the deponent to produce specific documents or evidence relevant to the civil action in addition to providing testimony. It enumerates the documents required and provides instructions for their submission. 3. Subpoena Ad Testificandum: This subpoena solely summons a person to appear and testify in a deposition, without requiring the production of any documents. The individual or party serving the subpoena must comply with the legal procedural requirements outlined by the jurisdiction where the civil action is pending. This includes following relevant laws and rules governing subpoenas, ensuring proper service, and providing reasonable notice to all parties involved. It is important to consult with an attorney familiar with the laws and practices of both Arizona and the out-of-state jurisdiction to ensure the subpoena's legal validity and effectiveness. Legal professionals can guide plaintiffs and defendants through the process, ensuring materials and testimony obtained through the deposition comply with the rules and regulations applicable in the civil action pending out of state.A Phoenix Subpoena for Deposition in Arizona is a legal document that compels a person to provide testimony or produce documents during the discovery phase of a civil litigation pending outside the state of Arizona. It is used to gather evidence, as well as establish facts and testimonies relevant to the case. This subpoena is specifically issued by the courts in Phoenix, Arizona, and can be served to an individual or a corporation to obtain their deposition. A deposition is a formal, out-of-court testimony given under oath, typically conducted in the presence of attorneys representing both parties involved in the civil action. The purpose of the Phoenix Subpoena for Deposition is to compel the deponent's presence at a specified time and place conducive to the out-of-state litigation. It ensures that the deponent is aware of the legal obligation to provide truthful testimony and relevant documents. Several types of Phoenix Subpoenas for Deposition in Arizona may be applicable in a civil action pending out of state: 1. Standard Subpoena for Deposition: This type of subpoena is commonly used to request an individual's presence at a deposition. It specifies the time, date, and location where the deposition will take place. 2. Subpoena Ducks Cecum: This type of subpoena compels the deponent to produce specific documents or evidence relevant to the civil action in addition to providing testimony. It enumerates the documents required and provides instructions for their submission. 3. Subpoena Ad Testificandum: This subpoena solely summons a person to appear and testify in a deposition, without requiring the production of any documents. The individual or party serving the subpoena must comply with the legal procedural requirements outlined by the jurisdiction where the civil action is pending. This includes following relevant laws and rules governing subpoenas, ensuring proper service, and providing reasonable notice to all parties involved. It is important to consult with an attorney familiar with the laws and practices of both Arizona and the out-of-state jurisdiction to ensure the subpoena's legal validity and effectiveness. Legal professionals can guide plaintiffs and defendants through the process, ensuring materials and testimony obtained through the deposition comply with the rules and regulations applicable in the civil action pending out of state.
