[See 28 U.S.C. § 1446 et seq.]

A defendant desiring to remove a civil action from a state court to the U.S. District Court shall file with the Clerk's Office the following documents:

 An original Civil Cover Sheet (JS-44 Form) filled out with the county of the first listed plaintiff, or of the first listed defendant if the U.S. is the plaintiff;

Petition for Removal: an original and two copies of the signed petition for removal;
 

Note: The petition must bear the U.S. District Court heading and the full style of the original state court complaint (not "et al."). The style is not reversed by a removal action: it remains consistent with the style of the state court action.

Copies of all State Court process, pleadings, and any orders served upon the defendant.

A $405 filing fee.

Note: The attorney is responsible for all service made regarding the petition for removal and for notification of the state court of the removal action.

Service of a summons can be made by (See Fed.R.Cv.P. 4 & Ark.R.Cv.P. 4):

• the U.S. Marshal (1) in cases brought on behalf of the United States; (2) when ordered by the Court in forma pauperis actions; (3) in actions brought on behalf of seamen (28 U.S.C. 1916); and (4) in any other action in which the Court so directs;
• a sheriff of the county where the service is to be made, or his / her deputy;
• any person who is not a party and who is over 18 years of age [Fed.R.Cv.P.4(c)];
• Service may also be made by any form of mail with a return receipt, by the plaintiff or attorney of record for the plaintiff, in accordance with Rule 4 of the Arkansas Rules of Civil Procedure;
• in cases where the party to be served resides in a foreign country, the summons can be served by the Clerk of the Court pursuant to FRCP 4(f).

The question pertains to foreign subpoenas that are issued for depositions or for the production of documents in cases not originally filed in the Eastern District of Arkansas.

The 1991 amendment to Federal Rule of Civil Procedure 45 revised the procedures concerning subpoenas in several respects. It is no longer necessary that completed subpoenas be issued by the Clerk's Office or issued under the seal of the Court. Instead, the rule gives attorneys the authority to sign and issue subpoenas as officers of the Court. [See Fed.R.Cv.P.45(a)(D)(3)]. Under the rule, the Clerk still has authority to issue subpoenas. Clerk's Office staff will issue a subpoena, signed but otherwise in blank, to a party requesting it, who shall complete it before service.

Note: Parties who are not officers of the Court [generally, anyone who is not a licensed attorney] must have the Clerk's Office sign the subpoena for them.

FOREIGN DEPOSITION SUBPOENAS ISSUED BY COUNSEL

Attorneys are authorized to issue subpoenas in the name of any court in which they are authorized to practice, and in the case of a deposition taking place in another district, in the name of the court where the deposition is taking place. It is not required that an attorney be a member of the bar or admitted pro hac vice in the district where the subpoena is issued, as long as he/she is authorized to practice in the district where the primary action was filed.

Accordingly, when an out-of-state attorney wishes to take a foreign deposition in the Eastern District of Arkansas, he/she should:
 

• properly complete the subpoena (Form AO-88A) and (1) state the title of the action, (2) list the civil action number of the originating district (i.e., the district where the civil action was filed), (3) list at the top of the subpoena the Eastern District of Arkansas (i.e., the name of the district where the deposition or production of documents will be made); and,
• sign and issue the subpoena as an Officer of the Court.

Proof of service is not required to be filed with the Clerk unless there is a dispute or upon order of the Court. When necessary, the subpoena should be filed in the court who issued the subpoena. The proof of service should include (1) a statement of the date and manner of service, (2) names of the persons serviced, and (3) certification by the person who made service.

FOREIGN DEPOSITION SUBPOENAS ISSUED BY CLERK'S OFFICE

In some instances, counsel may request that a foreign deposition subpoena be issued by the Clerk's Office. When so requested, counsel must bring the following documents to the Clerk's Office:

• An original Notice of Deposition signed by the attorney with a Certificate of Service attached;
• Properly complete the deposition subpoena and (1) state the title of the action, (2) list the civil action number of the originating district (i.e., the district where the civil action was filed), (3) list at the top of the subpoena the Eastern District of Arkansas (i.e., the name of the district where the deposition or production of documents will be made); and,
• A $52.00 fee for each Notice of Deposition (not each subpoena).

IF A MOTION TO QUASH THE SUBPOENA IS FILED, A $52.00 FILING FEE IS REQUIRED AND A MISCELLANEOUS CIVIL NUMBER IS ASSIGNED.

The witness attendance fee is $40.00 per day plus a mileage fee of $0.725 per mile, round trip, for each day of attendance. [See 28 U.S.C 1821(b) and (c)(2)]