Pennsylvania UIDDA for Out-of-State Subpoenas: Filing and Service

To obtain testimony, documents, or access to property from someone in Pennsylvania for a case pending in another state, Pennsylvania’s UIDDA rules for out-of-state subpoenas let you take a subpoena issued by your home court, submit it to the prothonotary in the Pennsylvania county where the witness is located, and have that office issue a Pennsylvania subpoena you can then serve. The statute lives at 42 Pa. C.S. §§ 5331–5337, and in most cases no judge and no local counsel are involved.¹

What Counts as a Foreign Subpoena

A foreign subpoena under Pennsylvania’s UIDDA is any subpoena issued by a court of record in a jurisdiction other than Pennsylvania. “State” is defined broadly to include all 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, federally recognized Indian tribes, and any U.S. territory.² A subpoena from a tribal or territorial court qualifies. A subpoena from a court in another country does not; international discovery runs through separate channels like letters rogatory or Hague Convention procedures.

The kinds of discovery the UIDDA covers are also spelled out. You can compel a person to attend and testify at a deposition, produce documents or electronically stored information for inspection, or permit inspection of premises.²

Where to File

The foreign subpoena goes to the prothonotary in the Pennsylvania county where the target person resides, is employed, or regularly transacts business in person.³ Picking a county with no connection to the witness invites a challenge. For a corporate witness, use the county where the company’s offices physically sit, not just a county where it happens to be registered to do business.

Most counties call this office the Prothonotary. In Philadelphia, the Civil Division of the Court of Common Pleas performs the same function, and the statute’s definitions expressly include a clerk of court where applicable.²

How the Prothonotary Issues the Pennsylvania Subpoena

You submit the foreign subpoena. The prothonotary issues a Pennsylvania subpoena directed at the witness or entity.³ You do not have to draft the Pennsylvania subpoena yourself; that is the prothonotary’s job.

The Pennsylvania subpoena must incorporate the terms of the foreign subpoena and must contain the names, addresses, and telephone numbers of all counsel of record in the out-of-state case, plus contact information for any unrepresented party.³ The prothonotary acts ministerially, so there is no hearing and no judicial review at this stage. Filing fees vary by county and generally run above $100; call the office in advance to confirm the current fee and payment methods.

One useful protection: making this filing does not count as a general appearance in Pennsylvania courts. Using the UIDDA does not subject the out-of-state party or its counsel to Pennsylvania jurisdiction for any other purpose.³

Serving the Subpoena

Once issued, the Pennsylvania subpoena is served under Pa. R.C.P. 234.2. Any adult may serve it on any adult within the Commonwealth; a sheriff is not required.⁴ Three methods are allowed:

Personal hand delivery by an adult, following the procedures in Rule 402(a).
Mail requiring a return receipt with restricted delivery. Service is complete when the mail is delivered to the subpoenaed person.
Ordinary mail, provided the envelope includes two copies of the Notice and Acknowledgment form prescribed by Rule 234.9 along with a self-addressed stamped envelope for the signed acknowledgment to come back.

Whoever serves the subpoena must be ready to tender the witness fee and mileage on demand at the moment of service. When the subpoena is mailed, a check for one day’s attendance plus round-trip mileage has to be enclosed in the mailing itself.⁴ Skip the check and you have handed the recipient an easy compliance objection.

Witness Fees and Mileage

The rates in 42 Pa. C.S. § 5903 have not moved with inflation, but the obligation is real. The attendance fee is $5 per day. Mileage is $0.07 per mile for the round trip between the witness’s home and the place named in the subpoena. A witness who lives more than 50 miles from that place and has to stay overnight is entitled to an additional amount equal to the daily attendance fee for lodging and subsistence.⁵ The amounts are small. Refusing to pay them when demanded gives the witness grounds to ignore the subpoena.

The 20-Day Notice Rule for Document Subpoenas

Section 5336 makes clear that Pennsylvania’s civil rules on service and compliance apply to UIDDA subpoenas, and it specifically names Rules 4009.21 through 4009.27, which govern document subpoenas directed at non-parties.⁶ The rule that trips people up most often is Rule 4009.21.

Before you serve a document subpoena on a non-party, you must give written notice to every other party in the underlying case at least 20 days in advance, with a copy of the proposed subpoena attached.⁷ Any party can file written objections during that window. If objections arrive before service, service is automatically stayed until a court rules. Skipping the notice is one of the fastest ways to lose a document subpoena.

Voluntary Compliance

Not every request needs the formal process. Section 5335(d) permits any person in Pennsylvania to voluntarily give testimony, produce documents, or make things available for an out-of-state proceeding without being served.³ Voluntary compliance carries no enforcement backstop, so if the witness might change their mind or the evidence is critical, get the subpoena issued.

Challenging a UIDDA Subpoena You Received

A UIDDA subpoena carries the same force in Pennsylvania as any locally issued subpoena. Ignoring it because the underlying case is in another state is not an option, but the usual tools to push back are all available.

The main one is a motion for a protective order under Pa. R.C.P. 4012, filed in the Court of Common Pleas where the subpoena was issued.⁸ A Pennsylvania judge can limit, modify, or bar the discovery. The court applies Pennsylvania’s own discovery limits under Rule 4011, which forbid discovery sought in bad faith, discovery that causes unreasonable burden or expense, discovery outside the permitted scope, or discovery that would require the witness to conduct an unreasonable investigation.⁹

For document subpoenas to non-parties, the pre-service objection process under Rule 4009.21 is often faster and cheaper than a motion to quash. File written objections during the 20-day notice window and service is stayed until the court rules.⁷

Consequences of Ignoring a UIDDA Subpoena

Pa. R.C.P. 4019 gives Pennsylvania courts broad sanctioning power for discovery violations, and those sanctions apply to UIDDA subpoenas the same as to local ones.¹⁰ Available consequences include:

Contempt of court, with the exception that a party cannot be held in contempt solely for refusing a physical or mental examination.
Payment of the requesting party’s reasonable expenses, including attorney fees, incurred in obtaining compliance.
In more serious cases, disputed facts deemed established against the non-compliant party, evidence excluded, or pleadings struck.

Respond, object, or comply. Silence is the one path that guarantees a bad result.

1
Pennsylvania General Assembly. Pennsylvania Code 42 – Section 5331
2
Pennsylvania General Assembly. Pennsylvania Code 42 – Section 5333 – Definitions
3
Pennsylvania General Assembly. Pennsylvania Code 42 – Section 5335 – Issuance of Subpoena
4
Pennsylvania Code and Bulletin. Pa. R.C.P. 234.2 – Subpoena Issuance Service Compliance Fees Prisoners
5
Pennsylvania General Assembly. Pennsylvania Code 42 Section 5903 – Compensation and Expenses of Witnesses
6
Pennsylvania General Assembly. Pennsylvania Code 42 – Section 5336 – Pennsylvania Rules Applicable
7
Pennsylvania Code and Bulletin. Pa. R.C.P. 4009.21 – Subpoena Upon a Person Not a Party for Production of Documents and Things
8
Pennsylvania Code and Bulletin. Pa. R.C.P. 4012 – Protective Orders
9
Legal Information Institute, Cornell Law School. 231 Pa. Code r. 4011 – Limitation of Scope of Discovery
10
Pennsylvania Code and Bulletin. Pa. R.C.P. 4019 – Sanctions