| Domesticate Subpoena
Uniform Interstate Deposition and Discovery Act
Process Service | Drafting | Court Filing | Trial | Records Subpoenas | Commission
SUBPOENA Served In Hawaii
Uniform Interstate Depositions
and Discovery Act
624D-1 Short title
624D-3 Issuance of subpoena
624D-4 Service of subpoena
624D-5 Deposition, production,
624D-6 Application to court
624D-7 Application to pending actions
Domesticate Foreign State
Subpoena Into Hawaii Court
1) Filing Fee $315 - - The Hawaii Circuit
Courts charge a $315 filing fee to
commence a "Special Proceeding"
which is the court vehicle to
Domesticate a foreign state Subpoena
(whether 1 or 99 subpoenas). If you
know a way to by-pass the Special
Proceeding filing fee, please share the
news with HLS. Be mindful, absent a
Hawaii Court Clerk issuing the
Subpoena, it has no force and effect of
law and a witness cannot be compelled
2) Fee $39 - - draft and readying
Subpoena + Depo Notice to be filed.
3) Process Service Fees are separate --
4) Notice of Deposition - - The Court
Clerk will not file a Subpoena and/or
Subpoena Duces Tecum ("SDT") unless
a Depo Notice is included with the filing.
Please, I have heard all the reasons a
Depo Notice may not be necessary. But,
convince the Clerk and not HLS. So,
send the Depo-Notice filed in the
sending state court case to be
Doesticated in Hawaii.
5) Witness-Mileage Checks - - Its
strongly recommended to issue
Witness Fee checks because not all
businesses are litigation neophytes. A
failure to tender witness-mileage check
may open door to quash a non-party
Subpoena. You decide.
Please be advised . . .
HLS does not advance court filing fees.
All else we may invoice.
H.R.S §621-1 Subpoena, issue of.
The clerks of the several courts
shall issue writs of subpoena as
provided by the rules of court or
by statute. Except as otherwise
provided, the clerks shall issue
to any prosecuting officer, and
to any party plaintiff or
defendant, in any cause, civil or
criminal, pending before such
courts, or to the counsel of the
party, writs of subpoena for
witnesses, in blank, so that the
names of the witnesses to be
summoned may be inserted after
the issuing of the writs. [L 1876, c
32, §1; am imp L 1905, c 39, §95; am imp L
1907, c 118, §116; RL 1925, §2556; am
imp L 1932 1st, cc 1, 13, §1; RL 1935,
§3810; RL 1945, §9821; RL 1955, §222-1;
am L 1957, c 124, §1; am L 1963, c 85, §3;
HRS §621-1; am L 1972, c 104, §1(a)]
Hawaii Rules of Civil Procedures
Rule 45 Subpoena
a) . . .
b) . . .
c) Service. A subpoena may be served
at any place within the State. A
subpoena may be served: (1) anywhere
in the State by the sheriff or deputy
sheriff or by any other person who is
not a party and is not less than 18
years of age; or (2) in any county by
the chief of police or a duly
authorized subordinate. Service of a
subpoena upon a person named therein
shall be made by delivering a copy
thereof to such person and by
tendering to such person the fees for
one day's attendance and the mileage
allowed by law. When the subpoena is
issued on behalf of the State or a
county, or an officer or agency of
the State or a county, fees and
mileage need not be tendered.
(italicze added for emphasis)
Yes - - Hawaii Legal Services (HLS) assist to draft &/or use your drafted Subpoena to
court file (Domesticate) in a foreign state Court in compliance with the Uniform
Interstate Depositions and Discovery Act, HawRev'dStats 624D to serve and enforce.
HLS is not an office of lawyers (thank god) but we have agreements with local
Attorneys to review and sign-off so the Subpoena and Depo-Notice are appropriately
drafted, filed, and ultimately served.
HLS does not loose sight litigation costs are an issue. Thus, we endeavors to
minimize costs and where needed 'advance' witness-mileage fee checks to keep a
case timely moving forward and within budget.
no-more no-more no-more