Serving Out-of-State Defendants & UIDDA Foreign Subpoenas in Colorado

Colorado has enacted the Uniform Interstate Depositions and Discovery Act (UIDDA) at C.R.S. § 13-90.5-101 through § 13-90.5-107. To compel a Colorado witness, corporation, or hospital to testify or produce records for an out-of-state lawsuit, you do not need to retain Colorado counsel or open a formal civil action—simply submit your foreign subpoena with Colorado Judicial Branch Forms JDF 87 and JDF 90 to the District Court Clerk in the county where discovery is sought, then have the issued Colorado subpoena served under C.R.C.P. Rule 45.

1. How UIDDA Subpoena Domestication Works in Colorado (C.R.S. § 13-90.5-103)

When you are litigating a civil, commercial, or family court action in California, Texas, New York, Florida, Illinois, or any other state, and you need to take a deposition or subpoena records from an individual, employer, bank, or registered agent located in Colorado, an out-of-state subpoena has no direct compulsive force across state lines unless domesticated under the Uniform Interstate Depositions and Discovery Act (UIDDA), codified at C.R.S. § 13-90.5-101 et seq.

Under C.R.S. § 13-90.5-103, a request for the issuance of a Colorado subpoena under the UIDDA does NOT constitute an appearance in the courts of Colorado, meaning an out-of-state attorney or pro se litigant can submit the request directly without seeking pro hac vice admission or hiring local Colorado counsel (unless a contested motion to quash or enforce is later filed under C.R.S. § 13-90.5-106).

2. Step-by-Step Filing with Forms JDF 87 and JDF 90

Colorado has standardized the UIDDA domestication process across all 22 Judicial Districts (64 counties) using official Colorado Judicial Branch forms:

• Step 1 — Identify the Correct County: Determine the exact Colorado county where the deponent resides, is employed, or regularly transacts business in person (for example, Arapahoe County if serving CT Corp in Centennial or CSC in Littleton; Denver County if serving Downtown Denver corporations or Cogency Global; El Paso County for Colorado Springs).

• Step 2 — Prepare Form JDF 87 (Request to Issue Subpoena Case Outside of Colorado) and Form JDF 90 (Subpoena to Appear for Deposition and/or Subpoena to Produce): Under C.R.S. § 13-90.5-103(3), the proposed Colorado subpoena (Form JDF 90) must incorporate the exact terms used in the foreign subpoena and must list the names, addresses, and telephone numbers of all counsel of record and any unrepresented parties in the out-of-state proceeding.

• Step 3 — Clerk Issuance & Statutory Filing Fee: Submit the foreign subpoena, Form JDF 87, and proposed Form JDF 90 (plus the statutory District Court miscellaneous filing fee) to the Clerk of the District Court in the target county. Once the Clerk signs and seals Form JDF 90, our team immediately serves the domesticated subpoena in compliance with C.R.C.P. Rule 45.

3. Compliance with C.R.C.P. Rule 45 Lead Times & Witness Fees

Even though your underlying lawsuit is pending in another state, C.R.S. § 13-90.5-104 and § 13-90.5-105 mandate that the domesticated subpoena must be served in strict compliance with C.R.C.P. Rule 45. That means you must observe Colorado's 14-day advance service requirement for depositions and document production (Rule 45(b)(1)(B)-(C)), attach a signed authorization or court order if seeking privileged medical/financial/tax records (Rule 45(c)(2)(B)), and tender Colorado statutory round-trip mileage under C.R.S. § 13-33-103 if requiring in-person testimony.

4. Serving Out-of-State Lawsuits on Colorado Defendants & Long-Arm Service

If you have already filed a lawsuit in another state (or federal court) and simply need to serve a Summons and Complaint on a defendant who now lives or works in Colorado, you do NOT need UIDDA domestication—a Summons is not a subpoena. Under C.R.S. § 13-1-125 and most states' long-arm statutes, any person authorized to serve process in the state where service is made (any non-party adult over 18 in Colorado) may serve your out-of-state Summons and Complaint. Our servers carefully follow the originating state's affidavit rules—whether your case requires a California POS-010, a New York CPLR § 308 physical-description affidavit, or a Florida return of service.

5. Common Mistakes to Avoid on Colorado UIDDA Subpoena Filings

Out-of-state law firms domesticating subpoenas into Colorado under C.R.S. § 13-90.5-103 should avoid three frequent pitfalls: First, do not file Form JDF 87 in Denver County if the witness or registered agent is actually located in Arapahoe County (for example, CT Corp in Centennial and CSC in Littleton are both in Arapahoe County, 18th Judicial District, NOT Denver County). Second, do not use your home state's 5-day or 10-day production deadline—Colorado C.R.C.P. Rule 45(b)(1)(C) requires a full 14 calendar days after service for document production or depositions. Third, always list the names, addresses, emails, and phone numbers of all counsel of record on Page 2 of Form JDF 90 as required by C.R.S. § 13-90.5-103(3)(b).

Frequently Asked Questions