What is the process for Issuing Foreign Subpoenas/Letters Rogatory?
- This procedure is used for attorneys out of state who are wishing to conduct a deposition or demand documents from a non-party in Okaloosa county. There are two way of filing to have the clerk issue the subpoena for deposition or duces tecum.
- The requesting attorney can submit an order signed by the judge in the state the case is filed in. The order will appoint a court reporter as a commissioner to administer the oath and record the deposition. The attorney is required to submit a copy of this order with the Notice of Taking deposition to our office and we can then issue a subpoena.
- OR… a certified copy of the Notice of Taking deposition filed in the case may be submitted.
The fees for filing are as follows:
$7.00 if we prepare the subpoena and $2.00 signing fee for each subpoena, per party being subpoenaed.
$2.00 - if the attorney prepares the subpoena and the clerk signs the subpoena.
If a Foreign Subpoena is requested for Production ONLY –we can issue the subpoena for the same fees as long as a Certification of Non-Objections is provided at the time of issuance. If a certificate of non-objection is not available then a certified copy of an order from their court directing us to issue the Foreign Subpoena would be required. The order should also indicate which parties the subpoena is to be issued to”