Enrolling a foreign Maryland subpoena in California

A Maryland subpoena is enforced in California by using California’s adoption of the Uniform Interstate Depositions and Discovery Act (UIDDA): the requesting party files the Maryland subpoena with the California superior court clerk in the county of discovery, submits Judicial Council Form SUBP‑030, pays the statutory fee, and the clerk issues a California subpoena mirroring the Maryland subpoena’s terms.[1][2][5]

Governing Framework

Both Maryland and California have enacted versions of the UIDDA, which replaces traditional “domestication” or commission procedures with a clerk-issued subpoena process.

California’s procedure is codified in Cal. Civ. Proc. Code § 2029.300, which governs issuance of a California subpoena based on a foreign (out‑of‑state) subpoena.[1]
Maryland authorizes issuance of subpoenas in aid of out‑of‑state discovery under its UIDDA provisions, including Md. Code Ann., Cts. & Jud. Proc. § 9‑402, which is typically the statutory basis for the originating Maryland subpoena.[6]

Step‑by‑Step: Enrolling a Maryland Subpoena in California

1. Obtain the Maryland “Foreign Subpoena”

The party first secures a subpoena issued by the Maryland court in the underlying action, pursuant to Maryland’s UIDDA authority.[6]

2. File with the Proper California Superior Court

The requesting party submits the Maryland subpoena to the clerk of the California superior court in the county where discovery will be conducted (e.g., where the witness resides or records are located).[1]

“To request issuance of a subpoena … a party shall submit the original or a true and correct copy of a foreign subpoena to the clerk of the superior court in the county in which discovery is sought to be conducted in this state.”[1]

This filing does not constitute a general appearance in California.[1]

3. Submit Judicial Council Form SUBP‑030

California requires an application on the Judicial Council’s mandatory form:

Form SUBP‑030 – Application for Discovery Subpoena in Action Pending Outside California.[2][5]
The application must be accompanied by a proposed California subpoena that incorporates identical terms to the Maryland subpoena.[1][2]
No California civil case cover sheet is required.[1]

4. Pay the Statutory Clerk’s Fee

The applicant must pay the fee set by Cal. Gov’t Code § 70626 at the time of submission.[1][2]

5. Clerk Issuance of the California Subpoena

Once the foreign subpoena, SUBP‑030, and fee are submitted, the clerk must promptly issue a California subpoena.[1]

The issued subpoena must:

Incorporate the terms of the Maryland subpoena;
Bear the caption and case number of the Maryland action;
Identify the issuing California court; and
List names and contact information for all counsel of record and unrepresented parties.[1]

6. Service and Enforcement Under California Law

The issued subpoena is then:

Personally served in compliance with California subpoena statutes (e.g., Cal. Civ. Proc. Code § 1985 et seq.); and
Subject to California law for motions to quash, protective orders, and enforcement, even though the underlying action remains pending in Maryland.[2][5]

Practical Notes

California does not require the Maryland party or counsel to obtain pro hac vice admission merely to request issuance of the subpoena.[1]
Discovery disputes are adjudicated in California, while relevance and case merits remain governed by Maryland law under UIDDA principles.
Criminal proceedings follow different statutes and are not covered by Cal. Civ. Proc. Code § 2029.300.

Bottom Line

To enroll a Maryland subpoena in California, the requesting party files the Maryland subpoena and Form SUBP‑030 with the appropriate California superior court clerk, pays the statutory fee, and obtains a California-issued subpoena with identical terms, which is then served and enforced under California law.[1][2][5]