Sec. 6. (a) To request issuance of a subpoena under this chapter that is based on a foreign subpoena, a party must submit the foreign subpoena to the clerk of the court in the county in which discovery is sought to be conducted in Indiana. A request for the issuance of a subpoena under this chapter does not constitute an appearance in a court of this state.

     (b) When a party submits a foreign subpoena to the clerk of a court in Indiana, the clerk, in accordance with the court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

Terms Used In Indiana Code 34-44.5-1-6

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • foreign subpoena: means a subpoena issued under authority of a court of record of a foreign jurisdiction. See Indiana Code 34-44.5-1-2
  • person: means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Indiana Code 34-44.5-1-3
  • state: means any of the following:

    Indiana Code 34-44.5-1-4

  • Subpoena: A command to a witness to appear and give testimony.
  • subpoena: means a document, however denominated, issued under authority of a court of record that requires a person to:

    Indiana Code 34-44.5-1-5

     (c) A subpoena issued under subsection (b) must:

(1) incorporate the terms used in the foreign subpoena; and

(2) contain or be accompanied by the names, addresses, and telephone numbers of the following:

(A) All counsel of record in the proceeding to which the subpoena relates.

(B) Any party not represented by counsel.

As added by P.L.57-2010, SEC.1.