Arizona Subpoena
Arizona pays a subpoenaed witness $12 a day plus 20 cents a mile computed one way only, and its civil rules set no minimum notice period at all. Attorney review available.
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Introduction
Read the Arizona witness-fee statute closely and you find four words that change the arithmetic: "to be computed one way only". Section 12-303 of the Arizona Revised Statutes pays a material witness attending the trial of a civil action twelve dollars for each day's attendance, and mileage at twenty cents for each mile actually and necessarily traveled from the witness's place of residence in the state of Arizona to the place of trial, with no reimbursement for the trip home. The Superior Court of Arizona in Maricopa County says the same thing in its own cost form: the mileage reimbursement is one way only and does not include travel home. The second Arizona surprise is a missing deadline. Asked how far ahead a civil subpoena must be delivered, the court's procedures sheet answers that the Arizona Rules of Civil Procedure do not specify any particular number of days before the person is to appear or the documents are to be produced. What governs instead is the recipient's clock: an objection must be filed within 14 days of receiving the subpoena, or before the compliance date if that is sooner. Medical and payment records are the one hard exception. Section 12-2294.01 requires that kind of subpoena to be served on the health care provider and on any party at least ten days before the production date, and to arrive with the patient's signed authorization or a qualifying court order, or the provider is told not to produce. Nonparty copying costs are also fixed by statute at twenty-five cents a page. DocDraft drafts your Arizona subpoena from your facts, with attorney review available before it goes to the clerk.
Key Things to Know
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An Arizona subpoena is a court order in a pending civil case that commands a nonparty to appear and testify, to produce documents, electronically stored information or tangible things, or to allow an inspection of premises at a stated time and place.
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Arizona pays a material witness attending the trial of a civil action twelve dollars for each day's attendance, counted from when the witness had to leave home through discharge as a witness (A.R.S. Section 12-303).
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Arizona mileage is twenty cents per mile from the witness's place of residence in the state to the place of trial, and the statute says it is to be computed one way only. The return trip is not reimbursed.
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The Arizona Rules of Civil Procedure set no minimum number of days between serving a civil subpoena and the appearance or production date. The practical limit is the recipient's right to object within 14 days of service, or before the compliance date if that is sooner.
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A subpoena seeking medical records or payment records must be served on the health care provider and on any party at least ten days before the production date, and must be accompanied by the patient's signed authorization or a qualifying court order (A.R.S. Section 12-2294.01).
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A nonparty who produces documents under an Arizona subpoena may bill the requesting party reasonable costs, defined as twenty-five cents for each page of standard reproduction plus clerical time at twenty-five dollars per hour per person, and may demand payment simultaneously with delivery (A.R.S. Section 12-351).
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A self-represented party requesting an Arizona subpoena must already have an open Superior Court case, or have registered an out-of-state court's order for a deposition, and takes the completed subpoena to the Clerk of Superior Court, who signs and dates it. An issuance fee applies, with a deferral available.
Key decisions before you file
Before you file a Subpoena in Arizona, a few decisions shape the document: which option to choose and what each one means. The Subpoena guide walks through them.
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Arizona Requirements for Subpoena
Mileage at 20 Cents, One Way Only
Arizona pays twenty cents for each mile actually and necessarily traveled from the witness's place of residence in the state to the place of trial, and A.R.S. Section 12-303 says it is to be computed one way only. The trip home is not reimbursed, so a round-trip calculation overstates the obligation.
Witness Fee of $12 a Day
A material witness attending the trial of a civil action shall be paid twelve dollars for each day's attendance, counted to and including the time it was necessary to leave their residence through discharge as a witness (A.R.S. Section 12-303).
No Minimum Notice Period
The Superior Court of Arizona in Maricopa County states that the Arizona Rules of Civil Procedure do not specify any particular number of days a subpoena must be delivered before the appearance, production or inspection date. Reasonableness is policed through the objection right instead.
14 Days to Object
A person receiving an Arizona subpoena may object in writing through the court within 14 days after service, or before the compliance time if that is less than 14 days. Once objection is made the serving party is not entitled to the materials except by court order (Ariz. R. Civ. P. 45(c)(5)).
Medical Records: 10 Days and an Authorization
A subpoena seeking medical or payment records must be served on the health care provider and on any party at least ten days before the production date, and must be accompanied by the patient's signed authorization or a qualifying court order, or the provider shall not produce the records (A.R.S. Section 12-2294.01).
Copy Costs of 25 Cents a Page
A nonparty producing documents may bill the requesting party reasonable costs on an itemized statement: twenty-five cents per page of standard reproduction, actual cost for special processing, plus clerical time at twenty-five dollars per hour per person, demandable at delivery (A.R.S. Section 12-351).
Open Case and Clerk Signature
To request an Arizona subpoena from the Clerk of Superior Court you must already have an open Superior Court case or have registered an out-of-state court's order for a deposition. The Deputy Clerk signs and dates the subpoena and returns it for service. An issuance fee applies, with a deferral available.
Service by a Nonparty Over 18, Inside Arizona
The original may be served by any person over 18 who is not a party, and the server must file an Affidavit of Service with the court. A copy goes to every party in the case. The Maricopa County packet is explicit that the subpoena must be served within the state of Arizona.