Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5335 (2026)

 Issuance of subpoena.

✓ current as of May 2026
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§ 5335.  Issuance of subpoena.

(a)  General rule.--To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a prothonotary in the jurisdiction in which the person who is the subject of the order resides, is employed or regularly transacts business in person. A request for the issuance of a subpoena under this subchapter does not constitute an appearance in the courts of this Commonwealth.

(b)  Duty of prothonotary.--A prothonotary in receipt of a foreign subpoena shall, in accordance with that court's procedure, promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed.

(c)  Contents of subpoena.--A subpoena under subsection (b) must:

(1)  Incorporate the terms used in the foreign subpoena.

(2)  Contain or be accompanied by the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(d)  Voluntary compliance.--A person within this Commonwealth not served with a subpoena under this section may voluntarily give his testimony or statement or produce documents or other things for use in a matter before a tribunal outside this Commonwealth.

 

Cross References.  Section 5335 is referred to in section 5337 of this title.

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Attorney Grievance Comm'n v. Mixter, 109 A.3d 1 (Md. 2015).
Attorney Grievance Comm'n v. Mixter, 109 A.3d 1 (Md. 2015). “” 42 Pa. Cons.Stat. § 5335(a) (2011). 24 . In South Carolina, prior to April 1, 2010: When the deposition of a witness or production of documents or other things, is to be done in this State for use in an out-of-state action or proceeding, an attorney, licensed to practice law…”
42 Pa. Cons. Stat. § 5335(a): 1 case
Attorney Grievance Comm'n v. Mixter, 109 A.3d 1 (Md. 2015). “” 42 Pa. Cons.Stat. § 5335(a) (2011). 24 . In South Carolina, prior to April 1, 2010: When the deposition of a witness or production of documents or other things, is to be done in this State for use in an out-of-state action or proceeding, an attorney, licensed to practice law…”
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