a Definitions. In this Rule:
1 “foreign jurisdiction” means a state other than the State of Arizona;
2 “foreign subpoena” means a subpoena issued under a foreign court’s authority;
3 “state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States; and
4 “subpoena” means a document issued under court authority requiring a person to:
A attend and testify at a deposition;
B produce and permit inspection, copying, testing, or sampling of designated documents, electronically stored information, or tangible things in that person’s possession, custody, or control; or
C permit the inspection of premises.
1 Presenting the foreign subpoena. To obtain a subpoena under this Rule 45.1, a party must present a foreign subpoena to the clerk in the county where the discovery will be conducted. The foreign subpoena should include the following phrase below the case number: "For the Issuance of an Arizona Subpoena Under Ariz. R. Civ. P. 45.1." A request for a Rule 45.1 subpoena does not constitute an appearance in an Arizona court.
2 Clerk’s duties. On receiving a foreign subpoena under Rule 45.1 (b)(1), the clerk must promptly issue a signed but otherwise blank subpoena to the party requesting it, and that party must complete the subpoena before service.
3 Content of subpoena. A subpoena under Rule 45.1 (b)(2) must:
A state the name of the issuing Arizona court;
B bear the caption and case number of the out-of-state case to which it relates, identifying (before the case number) the foreign jurisdiction and court where the case is pending;
C accurately incorporate the discovery requested in the foreign subpoena;
D contain or be accompanied by the names, addresses, telephone numbers, and email addresses of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel;
E be in the form required by Rule 45(a)(1); and
F comply with Rule 45’s other requirements.
c Service. A subpoena issued as provided in Rule 45.1 (b) must be served in compliance with Rule 45(d).
d Deposition, production, and inspection. Rule 45 applies to subpoenas issued under Rule 45.1 (b). Discovery taken under this rule must be conducted consistent with, and subject to applicable limits in, the Arizona Rules of Civil Procedure, except as follows:
1 Rules 30(a)(1) (“Depositions Permitted”), 30(a)(2) (“Depositions by Plaintiff Earlier Than 30 Days After Serving the Summons and Complaint”), 30(a)(4) (“Compelling Attendance of Deponent”), and 30(d)(1) (“Duration”) do not apply; and
2 Rule 30(c)(2) (“Objections”) applies, but counsel participating in the foreign action may object in the manner required to preserve objections in the jurisdiction where the action is pending, if those requirements differ from Rule 30(c)(2)’s requirements.
e Objections; motion to quash or modify; seeking protective order.
1 Objections. Rule 45 governs the time and manner for objecting to subpoenas issued under this rule. Objections to a subpoena commanding attendance at a deposition must be made by timely motion under Rule 45(e)(2). Unless excused from doing so by the party or attorney serving a subpoena, a court order, or any other provision of Rule 45 or 45.1, a person who is properly served with a deposition subpoena must attend and testify at the date, time, and place specified in the subpoena.
2 Motions to quash, modify, compel, or for protective order. Motions to compel, or for a protective order, or to quash or modify a subpoena issued under this rule:
A must comply with Rule 45 and other applicable Arizona rules and statutes;
B must be filed with the clerk in the county where the discovery is to be conducted; and
C must be filed as a separate civil action bearing the same caption as appears on the subpoena. The following phrase must appear below the case number of the newly filed action: "Motion or Application Related to a Subpoena Issued Under Ariz. R. Civ. P. 45.1." Any later motion or application relating to the same subpoena must be filed in the same action.
Promulgated by R-16-0010, effective January 1, 2017.
When litigation pending in another state requires discovery from a person or documents located in Arizona, Rule 45.1 provides the bridge: a party presents the foreign subpoena to the clerk in the Arizona county where the discovery will happen, and the clerk issues a signed but blank Arizona subpoena for the requesting party to complete. Presenting the foreign subpoena this way does not amount to appearing in an Arizona court. The resulting Arizona subpoena must identify the issuing Arizona court, bear the out-of-state case's caption and the foreign jurisdiction and court where it is pending, accurately reflect what the foreign subpoena requested, and include contact information for counsel and any unrepresented parties in the foreign case.
Once issued, the Arizona subpoena is served and governed like any other subpoena under Rule 45, with discovery proceeding under Arizona's rules and limits — except that certain deposition provisions tied to the start of an Arizona case, such as the limits on early depositions and on total deposition hours, do not apply, since there is no Arizona action pending. Objections and motions relating to the subpoena are filed as their own separate civil action in the Arizona county where the discovery is to be conducted, captioned to match the subpoena and labeled as relating to a Rule 45.1 subpoena.