When a lawsuit is pending in another state—such as New York, New Jersey, California, Delaware, Texas, Florida, or Ohio—and you need to compel a witness residing in Pennsylvania to appear for a deposition, or compel a Pennsylvania hospital, bank, employer, or corporate registered agent to produce records, you cannot simply serve an out-of-state subpoena directly on a Pennsylvania resident (unless the witness voluntarily agrees to comply).
Fortunately, Pennsylvania has enacted the Uniform Interstate Depositions and Discovery Act (UIDDA), codified at 42 Pa.C.S. § 5331 through § 5337. Under Pennsylvania’s UIDDA statute, out-of-state attorneys can domesticate a foreign subpoena through the Prothonotary (or Office of Judicial Records in Philadelphia County) of the Pennsylvania county where discovery is sought—without filing a miscellaneous lawsuit and without hiring Pennsylvania local counsel to enter an appearance (unless a contested motion to compel or quash is later filed).
However, Pennsylvania’s UIDDA workflow contains two critical procedural nuances that trip up out-of-state law firms: county-by-county Prothonotary filing variations and Pennsylvania’s 20-day Notice of Intent rule (Pa.R.C.P. 4009.21). Here is the exact step-by-step guide to domesticating and serving an out-of-state subpoena in Pennsylvania.
1. How the Pennsylvania UIDDA Statute Works (42 Pa.C.S. § 5335)
Under 42 Pa.C.S. § 5335(a) (Issuance of Subpoena), to request issuance of a Pennsylvania subpoena based on an out-of-state (“foreign”) subpoena, a party must submit the foreign subpoena to the Prothonotary in the judicial district (county) in which the person who is the subject of the subpoena resides, is employed, or regularly transacts business in person.
Under 42 Pa.C.S. § 5335(b), when a party submits a foreign subpoena to a Pennsylvania Prothonotary, the Prothonotary, in accordance with that court’s regular procedure, shall promptly issue a Pennsylvania subpoena for service upon the person to which the foreign subpoena is directed.
Crucially, 42 Pa.C.S. § 5335(a) explicitly specifies:
“A request for the issuance of a subpoena under this subchapter does not constitute an appearance in the courts of this Commonwealth.”
Mandatory Contents of a Pennsylvania UIDDA Subpoena (42 Pa.C.S. § 5335(c))
A Pennsylvania subpoena submitted for UIDDA issuance must:
- Incorporate the exact terms used in the out-of-state foreign subpoena (the exact deposition date/time/location or the exact schedule of documents requested, without expanding or altering the scope); and
- Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the out-of-state proceeding and of any party not represented by counsel.
2. Where Must the UIDDA Subpoena Be Domesticated? (Selecting the Right PA County)
Under 42 Pa.C.S. § 5335(a), venue for UIDDA issuance is determined by where the deponent or record custodian is located:
- Philadelphia County (
First Judicial District — Office of Judicial Records, City Hall Room 280): Required for witnesses in Philadelphia, or for subpoenas directed to Penn Medicine / HUP, Thomas Jefferson University Hospital, Independence Blue Cross (1901 Market St), or ACE / Chubb (436 Walnut St). - Dauphin County (
12th Judicial District — Dauphin County Prothonotary, 101 Market St, Harrisburg): Required when serving a foreign subpoena on a corporation’s Pennsylvania Commercial Registered Office Provider (CROP) headquartered in Harrisburg, including CT Corporation System (600 N. 2nd St), Vcorp Services (600 N. 2nd St), Corporation Service Company / CSC (2595 Interstate Dr), or InCorp Services (7208 Red Top Rd, Hummelstown). - Erie County (
6th Judicial District — Erie County Prothonotary, 140 W. 6th St, Erie): Required when serving Northwest Registered Agent (502 W. 7th St, Erie), Registered Agents Inc. (502 W. 7th St, Erie), or Erie Insurance Group (100 Erie Insurance Place, Erie). - Allegheny County (
5th Judicial District — Department of Court Records, 414 Grant St, Pittsburgh): Required for witnesses in the greater Pittsburgh area, UPMC Presbyterian Shadyside (200 Lothrop St), or Highmark Inc. (120 Fifth Ave).
3. The Pennsylvania Rule 4009.21 Trap in UIDDA Document Subpoenas
Read 42 Pa.C.S. § 5336 (Pennsylvania Rules Applicable) very carefully:
“The Pennsylvania Rules of Civil Procedure and any statutes relating to service of subpoenas and compliance with subpoenas shall apply to all subpoenas issued under this subchapter. Such rules shall include, but not be limited to: (1) Rule No. 4009.21 (relating to Subpoena Upon a Person Not a Party for Production of Documents and Things. Prior Notice. Objections). (2) Rule No. 4009.22 (relating to Service of Subpoena). (3) Rule No. 4009.23 (relating to Certificate of Compliance by a Person Not a Party). (4) Rule No. 234.1 (relating to Subpoena to Attend and Testify). (5) Rule No. 234.2 (relating to Subpoena. Issuance. Service. Copy of Subpoena. Fee).”
Because 42 Pa.C.S. § 5336(1) explicitly incorporates Pa.R.C.P. Rule 4009.21 into Pennsylvania’s UIDDA statute, many Pennsylvania Prothonotary offices (and Pennsylvania hospital/corporate legal departments) require that for a records-only Subpoena to Produce Documents (Rule 4009.22), the out-of-state attorney must:
- Give 20 days’ advance notice (
Rule 4009.21) of the proposed subpoena to all counsel of record in the underlying action; and - Attach a signed Certificate Prerequisite to Service (
Rule 4009.25) and blank Certificate of Compliance (Rule 4009.23) when serving the domesticated Pennsylvania subpoena on the non-party custodian!
Note: If your foreign subpoena is a Subpoena to Attend and Testify at an Oral Deposition (Pa.R.C.P. 234.1) (even if the deponent is also instructed to bring documents to the deposition under Rule 234.1(b)), Rule 4009.21’s 20-day pre-issuance waiting period does not apply to pure oral deposition subpoenas, though standard reasonable deposition notice and the statutory witness fee under 42 Pa.C.S. § 5903 ($5.00/day + $0.07/mile round-trip) apply.
4. Step-by-Step UIDDA Domestication & Service Packet Checklist
When you hire Process Servers Pennsylvania to handle your UIDDA subpoena domestication and service anywhere in Pennsylvania, submit the following documents through our online portal:
- The Issued Out-of-State (“Foreign”) Subpoena: Signed by the clerk, judge, or attorney of record as permitted by the trial state’s rules (e.g., NY CPLR § 2302(a) or NJ R. 1:9-1 attorney-issued subpoena).
- Completed Draft of the Corresponding Pennsylvania Subpoena:
- Use the Pa.R.C.P. 234.6 Form (Subpoena to Attend and Testify) for live depositions/testimony; OR
- Use the Pa.R.C.P. 4009.26 Form (Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22) + Rule 4009.25 Certificate Prerequisite + Rule 4009.23 Certificate of Compliance for records-only subpoenas.
- List of All Counsel of Record & Unrepresented Parties (
42 Pa.C.S. § 5335(c)(2)): Including firm names, mailing addresses, email addresses, and phone numbers. - County Prothonotary Cover Sheet / Praecipe for Issuance of Foreign Subpoena: Some counties (such as Philadelphia, Allegheny, Montgomery, Bucks, and Dauphin) use a local Civil Cover Sheet or Praecipe to Issue Foreign Subpoena under 42 Pa.C.S. § 5335, along with the county Prothonotary’s UIDDA filing fee (typically ranging from $25.00 to $105.00 depending on the county).
Once the Prothonotary stamps and seals the Pennsylvania subpoena, our local process server immediately serves the witness, hospital HIM desk, or CROP under Pa.R.C.P. 234.2(b)(1), tenders the statutory witness fee if applicable, and returns a notarized Pa.R.C.P. 405 Return of Service within 24 hours.
5. Serving Out-of-State Summonses & Complaints in Pennsylvania (Pa.R.C.P. 404)
What if you are not serving a subpoena, but instead need to serve an out-of-state Summons and Complaint (for example, a lawsuit filed in New York Supreme Court, New Jersey Superior Court, Delaware Court of Chancery, or California Superior Court) on a defendant residing in Pennsylvania?
- No Domestication Required: You do not domesticate an out-of-state Summons and Complaint with a Pennsylvania Prothonotary.
- Private Process Server Permitted Statewide: Because service of an out-of-state summons is governed by the rules of the issuing state (and Pa.R.C.P. 404 in reverse), our private process servers can personally serve your out-of-state Summons and Complaint in all 67 Pennsylvania counties without involving the County Sheriff, and we execute the exact Affidavit of Service format required by your home court (including New York CPLR § 306 military/physical description affidavits, New Jersey R. 4:4-7 returns, or California POS-010 forms).
Need a UIDDA subpoena domesticated and served—or an out-of-state summons delivered—anywhere in Pennsylvania? Order online today for $69 Standard, $119 Rush, or $169 Same-Day Service.