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Foreign Subpoenas

Federal Rule of Civil Procedure 45

A foreign subpoena is one issued out of a court other than the court where the original case is pending. For example, a case is pending in California, but counsel would like to take the deposition of someone in the Eastern District of Pennsylvania.

Counsel should complete the subpoena forms, attach a check for the witness fee and mileage in the sum of $40.00 per day, plus 57.5 cents per mile, round trip, and send them, together with the notice to take the deposition, to the United States District Court nearest where the deponent resides. The referred court where the deposition will issue will stamp the name of the clerk, have the form signed by a deputy clerk, and affix the seal of its court over the signature.