Out Of State Subpoena
Out of State/Foreign Subpoena
Instructions for submitting a foreign subpoena:
There has been a change in the law that no longer requires out-of-state/foreign subpoenas to be sent to the Chief Judge for processing and signature.
There is also no longer a fee to file an out-of-state/foreign subpoena. What the Milwaukee County Clerk of Circuit Court needs from you is a foreign subpoena from your juristiction along with the Wisconsin Subpoena and Certificate of Service (see below). Here is the procedure you will need to follow:
- Make sure the Wisconsin county is listed on the top of the form GF-126 (Subpoena and Certificate of Service, linked below). The subpoena must indicate the address, including the county of residence, for the witness/corporation.
- The title of the action and its docket number from the foreign jurisdiction should be written in the case caption in the Wisconsin subpoena along with your case number.
- Make sure a copy of the foreign subpoena is attached.
- Make sure the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates to is listed on the Wisconsin subpoena or on an attachment thereof.
- Make sure the following text is writtin in the blank space on the Wisconsin subpoena: "You have a right to petition the Wisconsin Circuit Court for a protective order to quash or modify a subpoena or provide other relief under s.805.07(3)."
- Mail your subpoena.
Wis. Stats 887.24(3)(c) - states a party may retain an attorney who is licensed or otherwise authorized to practice law in Wisconsin to sign and issue the Wisconsin subpoena as an officer of the court pursuant to S. 805.07. The subpoena must comply with par. (a)(1) to (5).