How do I subpoena records from another state?

Question: How do I subpoena records from another state? (a/k/a "Letter Rogatory", "Letter of Request", or "Commission to Take Out-of-State Deposition")

Definition: A letter rogatory is a formal request from a court in one state to "the appropriate judicial authorities" in another state requesting compulsion of testimony or documentary or other evidence or effect service of process.

Background: A Louisiana attorney wanted to subpoena medical records from a Houston (Harris County) physician. The case was filed in Louisiana. The attorney obtained a signed "commission" from the Louisiana court authorizing him to subpoena the records. He wanted to know if he could simply send the commission to the physician's records custodian, along with his notice and subpoena, to get the records.

Answer: Yes and No. It depends upon the particular state. Most states require that you (1) hire local counsel*, (2) prepare a letter of request to the out of state (Harris County) clerk asking the court to open a "miscellaneous action" and issue a subpoena, (3) submit necessary filing fee, and (4) file the commission granted by the home (Louisiana) court. The out of state (Harris County) clerk's office assigns a cause number to the case and issues a (Texas) subpoena. This compels the witness to appear and testify in the same manner and by the same process as employed for taking testimony in matters pending in Texas.

*Note: As in-house counsel for Keais, I serve as the "local counsel" in Texas for our clients at no cost. For cases pending outside of Texas, I help locate local counsel, if needed.

This does not mean that you cannot attempt to obtain records by sending the signed commission, notices and a (Louisiana) subpoena to the records custodian. The custodian may abide by the request and provide you the records. HOWEVER, should the custodian be reluctant in abiding by your request, you may still need to go through the above outlined steps to get the foreign court to enforce your subpoena.

If you have any questions on foreign subpoenas, please let us know if we can help.

Good luck!

Melanie