NJSBA Family Law Section

Bear with me... Serving a subpoena in Pennsylvania is an onerous task for a number of reasons, namely because the prothonotaries (clerks) in Pennsylvania don't seem to have a uniform process for dealing with out of state subpoenas.  In any event, to properly serve a subpoena, start with Pennsylvania's version of the Uniform Interstate Deposition and Discovery Act, codified at 42 Pa. C.S. §§ 5331-37.  The act (which most states have passed) does away with the need to obtain letters rogatory, etc., to serve an out of state subpoena.  It more or less provides that you can file a valid NJ subpoena with a prothonotary's office and they will issue a Pennsylvania subpoena to the PA entity for testimony/production of documents in a NJ action.  

You need to be sure to follow local court rules as well.  Believe it or not, the rules are pretty easy to follow.  Rule 4009.21 mandates that “A party seeking production from a person not a party to the action shall give written notice to every other party of the intent to serve a subpoena at least twenty days before the date of service. A copy of the subpoena proposed to be served shall be attached to the notice.”  Because of this notice requirement, it takes at least a month to effectively serve a subpoena on a PA entity for a NJ matter.  

You will also need to prepare a certification that you filed the notice of intent, as well as a certification (when you finally serve the subpoena) evidencing your compliance with the within rules.  Rules 4009.24, 25, and 27 set forth the format for the notice of intent, the certification of notice and the certification of compliance.    

 Additionally, Rule 4009.22 (Service of subpoenas) simply requires what is basically a certification of service of the notice of intent. It reads as follows: (a) The party seeking production may serve on the person named in the subpoena a copy of the subpoena only if it is identical to the subpoena attached to the notice of intent to serve the subpoena and if the party seeking production has filed of record a certificate that:

   (1)  the notice of intent to serve a subpoena was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served,

   (2)  a copy of the notice of intent, including the proposed subpoena attached to the notice of intent, is attached to the certificate,

   (3)  no objection to the subpoena has been received, and

   (4)  the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena.

 See also Rule 4009.23: Certificate of Compliance by a Person Not a Party. Notice of Documents or Things Received: (a) The person not a party upon whom the subpoena has been served shall, in complying with the subpoena, execute a certificate of compliance and deliver it with the documents or things produced to the party serving the subpoena within twenty days of service. A form of certificate to be executed and delivered shall be served with the subpoena.

Be sure to call the prothonotary's office to find out what the filing fees, etc., will be.  All that being said, the issues I've run into are (1) that the prothonotary in Philadelphia didn't know what the filing fees were, but they ended up accepting something like $13.00; and (2) the prothonotary did not know how to issue a valid PA subpoena based on my NJ subpoena, so I sat on the phone with my courier while the prothonotary himself drafted a form subpoena with a PA seal on it.  Fortunately for me, last time I did this it was for production of documents from a private investigator retained by my adversary, and my adversary and I ultimately worked out the production of documents prior to my ever having to attempt enforcement of the subpoena, which I imagine would be by way of action in Pennsylvania.  

I'd love to hear whether or not anyone has had a better experience.  

Best of luck.