AN OVERVIEW OF THE UNIFORM INTERSTATE DEPOSITIONS

AN OVERVIEW OF

THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

AND THE STATES THAT HAVE ADOPTED IT

David C. Marshall

P.O. Box 1473 | Columbia, SC 29202

1901 Main Street, Suite 1700 | Columbia, SC 29201

803-227-4293 | Fax 803-400-1466

[email protected]

THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

BY DAVID C. MARSHALL

TABLE OF CONTENTS

HE ACT ...................................................................................................................3

ENERAL PROCEDURE .......................................................................................... 4-5

STATE SPECIFIC PROCEDURES ............................................................................. 6-16

ALABAMA .....................................................................................................6

ARIZONA ................................................................................................... 6-7

CALIFORNIA ..................................................................................................7

COLORADO ...................................................................................................7

DELAWARE ...................................................................................................7

DISTRICT OF COLUMBIA ................................................................................7

GEORGIA .......................................................................................................8

HAWAII .........................................................................................................8

IDAHO ....................................................................................................... 8-9

INDIANA ........................................................................................................9

IOWA ....................................................................................................... 9-10

KANSAS ......................................................................................................10

KENTUCKY .................................................................................................10

LOUISIANA ............................................................................................ 10-11

MARYLAND ................................................................................................11

MICHIGAN ...................................................................................................11

MISSISSIPPI .................................................................................................12

MONTANA ...................................................................................................12

NEVADA ......................................................................................................12

EW MEXICO ..............................................................................................12

NEW YORK .................................................................................................12

NORTH CAROLINA ................................................................................ 12-13

ORTH DAKOTA .........................................................................................13

REGON ................................................................................................ 13-14

PENNSYLVANIA ...........................................................................................14

SOUTH CAROLINA .......................................................................................14

SOUTH DAKOTA .................................................................................... 14-15

ENNESSEE .................................................................................................15

U.S. VIRGIN ISLANDS .................................................................................15

TAH ..........................................................................................................15

ERMONT ...................................................................................................15

IRGINIA ....................................................................................................16

WASHINGTON .............................................................................................16

THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

BY DAVID C. MARSHALL

UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

The Uniform Interstate Depositions and Discovery Act (“UIDDA”) was drafted by

National Conference of Commissioners on Uniform Law States. In 2007, it was approved and

recommended for enactment in all states.

The Act provides simple procedures for courts in one state to issue subpoenas for out-of-

state document requests and depositions. It applies if both states have adopted the Act.

The following jurisdictions have adopted the UIDDA: Alabama, Arizona, California,

Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas,

Kentucky, Louisiana, Maryland, Michigan, Mississippi, Montana, Nevada, New Mexico, New

York, North Carolina, North Dakota, Oregon, Pennsylvania, South Carolina, South Dakota,

Tennessee, U.S. Virgin Islands, Utah, Vermont, Virginia, and Washington. Similar legislation is

pending in Rhode Island, Connecticut, and Wisconsin.

Rhode Island introduced a bill to enact the UIDDA on March 4, 2014, but the senate committee on judiciary

recommended that the measure be held for further study and therefore the bill is still pending. 2013 Bill Tracking RI

S.B. 2587. A bill was introduced in Connecticut in 2012 and 2013 to adopt the UIDDA, but it has not passed yet.

See 2012 Bill Text CT H.B. 5331 (Feb. 27, 2012); See also 2013 Bill Text CT H.B. 6584 (March 6, 2013). The

Wisconsin Judicial Council planned to file a petition and memorandum proposing a Supreme Court rule change in

2013, but Wisconsin Supreme Court has yet to adopt the UIDDA. Minutes of the Meeting of the Wisconsin Judicial

Council November 15, 2013, http://www.wicourts.gov/courts/committees/judicialcouncil/docs/minutes1113.pdf.

THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

BY DAVID C. MARSHALL

GENERAL PROCEDURE FOR ISSUING A SUBPOENA UNDER THE UIDDA

Under the Uniform Interstate Depositions and Discovery Act, the procedure for issuing a

foreign subpoena to a state that has adopted the Act is:

1. A party must submit a foreign subpoena to a clerk of court in the county, district, court or

parish in where discovery is sought.

2. The clerk, in accordance with the court’s procedures, will issue a subpoena for service on

the person to which the foreign subpoena is directed.

a. The subpoena issued by the clerk must:

i. Incorporate the terms used in the foreign subpoena; and

ii. Contain or be accompanied by the name, addresses, and telephone

numbers of all counsel of record to which the subpoena relates and of any

party not represented by counsel.

3. The subpoena must be served according to applicable rules or statutes of the state where

the subpoena is being served.

4. Applicable state law governs compliance with subpoenas to give testimony, produce

documents, and permit inspection of premises.

5. Any application to the court for protective order, or to enforce, quash, or modify a

subpoena must comply with applicable state law and rules and be submitted to the court

where the discovery is sought.

THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

BY DAVID C. MARSHALL

In a comment to the UIDDA, the National Conference of Commissioners on Uniform

State Laws explained the envisioned standard procedure for requesting subpoenas under the act:

The committee envisions the standard procedure under this section will become as

follows, using as an example a case filed in Kansas (the trial state) where the

witness to be deposed lives in Florida (the discovery state): A lawyer of record for

a party in the action pending in Kansas will issue a subpoena in Kansas (the same

way lawyers in Kansas routinely issue subpoenas in pending actions). That lawyer

will then check with the clerk’s office, in the Florida county or district in which

the witness to be deposed lives, to obtain a copy of its subpoena form (the clerk’s

office will usually have a Web page explaining its forms and procedures). The

lawyer will then prepare a Florida subpoena so that it has the same terms as the

Kansas subpoena. The lawyer will then hire a process server (or local counsel) in

Florida, who will take the completed and executed Kansas subpoena and the

completed but not yet executed Florida subpoena to the clerk’s office in Florida.

In addition, the lawyer might prepare a short transmittal letter to accompany the

Kansas subpoena, advising the clerk that the Florida subpoena is being sought

pursuant to Florida statute ___ (citing the appropriate statute or rule and quoting

Sec. 3). The clerk of court, upon being given the Kansas subpoena, will then issue

the identical Florida subpoena (“issue” includes signing, stamping, and assigning

a case or docket number). The process server (or other agent of the party) will pay

any necessary filing fees, and then serve the Florida subpoena on the deponent in

accordance with Florida law (which includes any applicable local rules).

Uniform Interstate Depositions and Discovery Act § 3 (2007).

THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

BY DAVID C. MARSHALL

STATE SPECIFIC RULES FOR ISSUING A SUBPOENA UNDER THE UIDDA

Each state that enacts the UIDDA has the option of changing the procedure or language

of the Act. Below are some ways in which each state differs from the general UIDDA procedure

outlined above.

Alabama – The Alabama Uniform Interstate Depositions and Discovery Act took effect

January 1, 2013 and only applies to civil actions. Ala. Code § 12-21-401.

The Alabama Act procedurally follows the Interstate Depositions and

Discovery Act. See §§ 12-21-400-407. However, the subpoena must be

issued to a clerk of the circuit court in the county where the discovery is

sought. § 12-21-402. The subpoena issued by the clerk of court must also

plainly and prominently state on its face:

THE RECIPIENT OF THIS SUBPOENA HAS THE RIGHT

TO OBJECT TO THIS SUBPOENA WITHIN FIFTEEN (15)

DAYS OF PROPER SERVICE BY SUBMITTING A

REASONABLY SPECIFIC WRITTEN OBJECTION TO

THE PARTY INITIATING THE SUBPOENA AS WELL AS

THE LOCAL ISSUING CLERK OF THE COURT AT THE

FOLLOWING ADDRESS: [ADDRESS OF CLERK OF

COURT].

Id. Alabama also added a section stating that one can only issue a subpoena

pursuant to the Alabama Interstate Depositions and Discovery Act if the

jurisdiction where the action is pending has enacted a similar act. § 12-21-

406.

Arizona – Ariz. R. Civ. P. 45.1 adopts the interstate depositions and discovery act and

became effective January 1, 2013. Arizona requires the foreign subpoena to

include the following phrase below the case number: “For the Issuance of

an Arizona Subpoena Under Ariz. R. Civ. P. 45.1.” The clerk of court will

then issue a signed, blank subpoena to the requestor and the requestor will

complete the subpoena before serving it. In addition to the contact

information of all parties and the discovery request from the foreign

subpoena, the subpoena must also include the following information or

meet the following requirements: (1) the name of the Arizona court issuing

it; (2) the caption and case number of the out-of-state case to which it

relates, identifying the foreign jurisdiction where the case is pending before

the case number; (3) comply with the specific form in Ariz. R. Civ. P.

45(a)(1); and (4) not exceed the discovery authorized in Rule 45. Id. Rule

45(a)(1) does not add any new requirements. If a protective order or motion

to enforce, quash, or modify a subpoena is filed with the court, it must be

THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

BY DAVID C. MARSHALL

filed as a separate civil action bearing the caption from the subpoena and

must also include the following phrase: “Motion or Application Related to a

Subpoena Issued Under Ariz. R. Civ. P. 45.1.”

California – The California version of the Uniform Interstate Depositions and Discovery

Act broadly says that a party can submit the original subpoena or a true and

correct copy of the foreign subpoena. Cal. Civ. Proc. Code § 2029.300. The

foreign subpoena must be submitted to the superior court where discovery

is sought. Id. In addition to submitting the foreign subpoena, the requestor

must also submit an application requesting the superior court to issue a

subpoena with the same terms as the foreign subpoena, which can be found

at http://www.courts.ca.gov/documents/subp030.pdf, and must pay a $20

fee pursuant to Cal. Gov’t Code § 70626. § 2029.300. In addition to the

terms of the foreign subpoena and the contact information of parties, the

subpoena from the clerk of court must also: (1) include the caption and case

number of the out-of-state case; (2) include the name of the court that issues

it; and (3) be on the correct form. Id. Under the California Act, a request for

relief is considered a petition instead of a motion and must be accompanied

by a civil case cover sheet. § 2029.600. The Act applies to any discovery

request in cases pending on or after January 1, 2010. §§ 2029.800-900.

Colorado – In order to request a subpoena in Colorado under the Uniform Interstate

Depositions and Discovery Act, a party must submit the foreign subpoena

to the district court in the county where discovery is sought. Colo. Rev.

Stat. § 13-90.5-103.

Delaware – The Delaware Uniform Interstate Depositions and Discovery Act became

effective July 12, 2010 and applies to requests for discovery in cases

pending on or after July 12, 2010. See Del. Code Ann. tit. 10, § 4311. In

order to serve a subpoena pursuant to the Delaware UIDDA, the requestor

must send the foreign subpoena to the prothonotary in the county where

discovery is sought. Id. A request for a protective order or to enforce, quash,

or modify a subpoena must be submitted to the Superior Court in the county

where discovery is sought. Id.

District of

Columbia –

The Uniform Interstate Depositions and Discovery Act in the District of

Columbia applied to discovery in cases pending on May 22, 2010. D.C.

Code § 13-448. To request issuance of a subpoena, the requestor must issue

the foreign subpoena to the clerk of the superior court. § 13-443. A request

for a protective order or to enforce, quash, or modify a subpoena must be

submitted to the superior court in the county where discovery is sought. §

13-446.

THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

BY DAVID C. MARSHALL

Georgia – The Uniform Interstate Depositions and Discovery Act in Georgia became

effective January 1, 2013 and only applies to subpoenas served on or after

July 1, 2013 in actions pending on or after July 1, 2013. Ga. Code Ann. §§

24-13-110-116. Under the Georgia UIDDA, the foreign subpoena must be

issued to a clerk of superior court in the county where the person receiving

the subpoena resides. § 24-13-112. The clerk will then “issue and provide to

the requestor a subpoena for service upon the person to which the foreign

subpoena is directed.” Id. (emphasis added). The Georgia Act also does not

apply to criminal proceedings. Id. One can only issue a subpoena pursuant

to the Georgia Act if the jurisdiction where the subpoena is issued has

adopted a version of the UIDDA. Id.

Hawaii – The Hawaii UIDDA became effective April 12, 2012 and applied to any

cases pending on or after that date. See Haw. Rev. Stat. § 624D-7. To

request issuance of a subpoena, the requestor must issue the foreign

subpoena to the clerk in the circuit where discovery is sought. § 624D-3. A

motion to the court for a protective order or to enforce, quash, or modify a

subpoena must be submitted to the court in the circuit where discovery is

sought. Id.

Idaho – The Idaho UIDDA applies to discovery in cases pending on or after July 1,

2009 and only applies to states that have also implemented the UIDDA. See

Idaho R. Civ. P. 45(i)(7)-(8). The Act only applies to civil lawsuits. Rule

45(i). The foreign subpoena must be submitted to a court in the county

where discovery is sought and submitting a subpoena creates jurisdiction

for an Idaho court to: (1) enforce the subpoena, (2) quash or modify the

subpoena, (3) issue any protective order or resolve any other dispute

relating to the subpoena, and (4) impose sanctions on the attorney

requesting the issuance of the subpoena for any action constituting a

violation of the Idaho Rules of Civil Procedure. Rule 45(i)(3). The

subpoena issued by the clerk is not required to incorporate the terms used in

the foreign subpoena, but it must include all party information and advise

the person to whom the subpoena is to that they have a right to petition the

Idaho court to quash or modify the subpoena. Id. In a comment to Rule

45(i)(3), the Idaho legislature gives an example scenario of how serving a

foreign subpoena will work:

The standard procedure under this section will become as

follows, using as an example a case filed in Kansas (the trial

state) where the witness to be deposed lives in Idaho (the

discovery state): A lawyer of record for a party in the action

pending in Kansas will issue a subpoena in Kansas (the same

way lawyers in Kansas routinely issue subpoenas in pending

actions). The lawyer will then prepare an Idaho subpoena so

that it conforms to the requirements of the Idaho Rules of

THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

BY DAVID C. MARSHALL

Civil Procedure and may also incorporate the same terms of

the Kansas subpoena -- so long as they conform to the Idaho

Rules of Civil Procedure [Rule 45 and Rule 45(c)]. The

lawyer will then hire a process server (or local counsel) in

Idaho, who will take the completed and executed Kansas

subpoena and the completed but not yet executed Idaho

subpoena to the clerk's office in Idaho. In addition, the lawyer

might prepare a short transmittal letter to accompany the

Kansas subpoena, advising the clerk that an Idaho subpoena is

being sought pursuant to Idaho Rule 45(i)(3). The clerk of

court, upon being given the Kansas subpoena, will then issue

the Idaho subpoena ("issue" includes signing and stamping).

The process server (or other agent of the party) will then serve

the Idaho subpoena on the deponent in accordance with Idaho

law (which includes any applicable local rules).

The Idaho clerk will not create a file or collect a fee when issuing a

subpoena under the Idaho UIDDA. Rule 45(i)(4). The officer or

individual responsible for service will deliver a certificate of

service to the requestor who will then be responsible for retaining it

and providing a copy to any party or deponent upon request. Id. A

file will be opened if a motion to enforce, quash, or modify the

subpoena is brought before the court. Id. Any motion relating to the

subpoena must be filed in the county where discovery is sought or

the county where the deponent resides, is employer, or transacts

business. Rule 45(i)(6). An action to quash or modify the subpoena

must be filed as a petition and must be filed at or before the time of

compliance specified in the subpoena. Id. The Idaho court can

quash or modify the subpoena if it is unreasonable, oppressive, fails

to allow proper time to comply, requires disclosure of any

privileged or protected matter, or subjects the person to undue

burden. Id. The Idaho court may also condition compliance with the

subpoena on the advancement of reasonable cost of compliance. Id.

The court may also impose sanctions. Id.

Indiana – The Indiana version of the UIDDA applies to discovery in cases pending on

July 1, 2010 or cases filed after June 30, 2010. Ind. Code Ann. § 34-44.5-1-

11. The foreign subpoena and any motion must be submitted to the county

where discovery is to be sought. § 34-44.5-1-6, 9.

Iowa – The Iowa version of the UIDDA became effective February 4, 2013. Iowa

R. Civ. P. 1.1702. In order to have a subpoena issued under the Iowa Act,

the requestor must either:

(1) request a signed, blank subpoena from the clerk of an

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BY DAVID C. MARSHALL

Iowa court in the county in which discovery is to be

conducted pursuant to rule 1.1701(2); or

(2) arrange for an attorney who is retained by that party and

who is licensed or otherwise authorized to practice law in

Iowa to issue and sign the subpoena as an officer of the court

pursuant to rule 1.1701(2). . . .

Rule 1.1702(2). The blank subpoena issued by the clerk must list the Iowa

court in the county where discovery is sought as the court from which the

subpoena is issued and must list the title of the action and docket number

from the foreign jurisdiction. Id. A copy of the foreign subpoena must also

be included as an attachment. Id. An attorney can issue a subpoena without

a court file being opened, but if the clerk issues a blank subpoena, a court

file must be opened and will collect a $50 fee. Rule 1.1702(5). A court file

will also be opened for any motions relating to the subpoena and the clerk

will collect a $50 fee then as well. Id. Any fee that is paid in connection

with a motion will be recoverable by the successful party. Rule 1.1702(6).

An attorney who files a motion or reply must be eligible to appear in the

courts of Iowa. Id.

Kansas – In order to request issuance of a subpoena under the Kansas Uniform

Interstate Depositions and Discovery Act, the requestor must send the

foreign subpoena to the clerk of court in the county where discovery is

sought along with the docket fee required by Kan. Stat. Ann. § 60-2001. §

60-228(a)(c)(1). The docket fee is $156 on or after July 1, 2009 through

June 30, 2013, and $154 on or after July 1, 2013, and should be paid to the

clerk of the district court. § 60-2001. When the clerk issues the subpoena to

the party, they will also assign a case file number to the subpoena and enter

it on the docket as a civil action. § 60-228(a)(c)(2). Any motions related to

the subpoena must be submitted to the court in the county where discovery

is sought. § 60-228(a)(f).

Kentucky – The Kentucky Uniform Interstate Depositions and Discovery Act applied to

requests for discovery in cases pending on July 15, 2008. Ky. Rev. Stat.

Ann. § 421.360(8). The foreign subpoena and any motion relating to the

subpoena must be submitted to the clerk of the circuit court in the county

where discovery is sought. § 421.360(3), (6).

Louisiana – The Louisiana Uniform Interstate Depositions and Discovery Act was

enacted June 19, 2014 and will be codified under § 13.3825 in the Louisiana

Revised Statutes. 2014 La. HB 619 (June 19, 2014). To request a subpoena

under the Louisiana Act, the requestor must present the original or a

certified copy of a foreign subpoena to the clerk of court in the parish

where discovery is sought. Id. Along with including the terms of the foreign

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BY DAVID C. MARSHALL

subpoena and all parties contact information, the subpoena issued by the

clerk must identify the caption and case number of the out-of-state case and

state the name of the court in Louisiana that issued it and an identifying

number. Id. A motion relating to the subpoena must be submitted to the

district court that issued the subpoena. Id. The Louisiana legislature

included the following comment explaining how requesting a subpoena

under the act will generally operate:

The standard procedure under this Section will be as follows.

When a case is filed in a foreign state and the witness to be

deposed lives or is found in Louisiana, a lawyer of record for

a party in the action pending in the foreign state will issue a

subpoena in that state. The lawyer in the out of state

proceeding will then obtain a copy of the subpoena form from

the clerk's office in this state. The lawyer will then prepare a

Louisiana form of subpoena so that it has the same terms as

the out-of-state subpoena. The completed and executed out-of-

state subpoena and the completed but not yet executed

Louisiana subpoena will be delivered to the clerk's office in

Louisiana. It is suggested that a short transmittal letter

accompany the subpoena, advising the clerk in this state that

the subpoena is being sought pursuant to this statute. The

clerk of court, upon being presented with the out-of-state

subpoena, will then issue the identical subpoena from the

court in this state ("issue" includes signing, stamping, and

assigning a case or docket number). The party seeking

issuance of the subpoena will pay any necessary filing and

service fees, and then have the subpoena served on the

deponent in accordance with Louisiana law (which includes

any applicable local rules).

Maryland – The Maryland Uniform Interstate Depositions and Discovery Act became

effective on October 1, 2008 and applied to any cases pending on or after

that date. Md. Code Ann. Cts. & Jud. Proc. § 9-401. In order to request a

subpoena under the Maryland act, a party must issue the foreign subpoena

to the circuit court in the county where discovery is sought. § 9-402.

Michigan – The Michigan Uniform Interstate Depositions and Discovery Act became

effective April 1, 2013 and only applies to requests for discovery in actions

pending on April 1, 2013 or later. See Mich. Comp. Laws § 600.2208-2209.

Under the Michigan Act, the foreign subpoena must be submitted to the

circuit court in the county where discovery is sought. § 600.2203.

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BY DAVID C. MARSHALL

Mississippi – The Mississippi Uniform Interstate Depositions and Discovery Act applies

to cases pending on or after July 1, 2011. Miss. Code Ann. § 11-59-1. To

request a subpoena, a party must submit the foreign subpoena to a clerk in

the county where discovery is sought. § 11-59-5.

Montana – The Montana version of the UIDDA became effective October 1, 2011.

Mont. Code Ann. § 25-20-28(c). To request a subpoena, a party must

submit the foreign subpoena to a clerk in the county where discovery is

sought. Id.

Nevada – The Nevada version of the UIDDA became effective on October 1, 2011.

Nev. Rev. Stat. § 53.100. To request a subpoena, a party must submit the

foreign subpoena to a clerk in the county where discovery is sought. §

53.170.

New Mexico – To request a subpoena, a party must submit the foreign subpoena to the

clerk of the district court where discovery is sought. N.M. Dist. Ct. R. Civ.

P. 1-045.1. Any motion relating to the subpoena must be filed in a court in

the district where discovery is sought. Id. The New Mexico version of the

UIDDA became effective August 7, 2009. Id.

New York – The New York version of the UIDDA became effective January 1, 2011.

NY C.P.L.R. Law § 3119. The foreign subpoena must be submitted to the

county clerk in the county where discovery is sought. § 3119(b). If a party

retains an attorney licensed in New York, that attorney may issue a

subpoena under this section if he receives the original or true copy of the

foreign subpoena. Id.

North Carolina – The North Carolina Uniform Interstate Depositions and Discovery Act

became effective December 1, 2011 and applies to any cases pending on or

after that date. N.C. Gen. Stat. § 1F-1. The North Carolina legislature

changed the definition of subpoena provided in the act to expressly

authorize oral depositions or depositions upon written questions. § 1F-

2(5)(a). The foreign subpoena must be issued to a clerk in the county where

discovery is sought. § 1F-3(a). After receiving the subpoena, the clerk will

open a court file, assign a file number, collect the applicable filing fee

pursuant to § 7A-305(a)(2) and issue the subpoena. § 1F-3(b). N.C. Gen.

Stat. § 7A-305(a)(2) provides that:

For support of the General Court of Justice, the sum of one

hundred eighty dollars ($ 180.00) in the superior court and the

sum of one hundred thirty dollars ($ 130.00) in the district

court except that if the case is assigned to a magistrate the sum

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BY DAVID C. MARSHALL

shall be eighty dollars ($ 80.00). If a case is assigned to a

special superior court judge as a complex business case under

G.S. 7A-45.3, upon assignment the party filing the notice of

designation pursuant to G.S. 7A-45.4 or the motion for

complex business designation shall pay an additional one

thousand dollars ($ 1,000) for support of the General Court of

Justice; if a case is assigned to a special superior court judge

as a complex business case under G.S. 7A-45.3 by a court on

its own motion, upon assignment the plaintiff shall pay an

additional one thousand dollars ($ 1,000) for support of the

General Court of Justice. Sums collected under this

subdivision shall be remitted to the State Treasurer. The State

Treasurer shall remit the sum of one dollar and fifty cents ($

1.50) of each fee collected under this subdivision to the North

Carolina State Bar for the provision of services described in

G.S. 7A-474.4, and ninety-five cents ($.95) of each fee

collected under this subdivision to the North Carolina State

Bar for the provision of services described in G.S. 7A-474.19.

In a comment to the statute, the North Carolina legislature provides that a

party should submit a letter or memorandum to the court requesting the

issuance of a subpoena along with the foreign subpoena with any

attachments or exhibits, a check made payable to the clerk of court in the

amount of the appropriate civil filing fee, and a self-addressed, postage-

paid envelope for return of the documents. § 1F-3. Any application to the

court for a protective order or to enforce, modify, or quash a subpoena

must be submitted to the court in the county where discovery is sought;

however, if there is a dispute between the parties, the party who opposes

discovery should apply for appropriate relief to the court where the action

is pending. § 1F-6.

North Dakota – In order to request issuance of a subpoena under the North Dakota UIDDA,

a party must submit the foreign subpoena to a clerk of court in the county

where discovery is sought. N.D. R. Ct. 5.1. Any applications to the court

related to the subpoena must also be submitted to the court in the county

where discovery is sought. Id.

Oregon – The Oregon version of the UIDDA became effective January 1, 2014.

ORCP 38. After the clerk receives the foreign subpoena, they will assign a

case number and issue the Oregon subpoena. Rule 38(C)(2(b). If a party

retains an attorney licensed to practice in Oregon, the Oregon attorney can

assist the clerk in drafting the subpoena. Id. Although the request for a

subpoena does not constitute an appearance in the court, it does allow the

court to impose sanctions for violations of any applicable law in connection

with the subpoena. Rule 38(C)(4). However, any motion related to the

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BY DAVID C. MARSHALL

subpoena must be submitted to the court in the county where discovery is

sought and does constitute an appearance in the court. Rule 38(C)(5).

Pennsylvania – The Pennsylvania Uniform Interstate Depositions and Discovery Act

became effective on December 23, 2012 and only applies to civil actions.

See 42 Pa. Con. Stat. § 5332.The Pennsylvania statute adds prothonotary

under the definition section as “a clerk of court.” § 5333. It also expands the

definition of a subpoena to include subpoenas to attend or give testimony at

a hearing or trial and not just at depositions. Id. In order to request issuance

of a subpoena pursuant to this act, a party must submit the foreign subpoena

to the prothonotary in the jurisdiction where the person subpoenaed “is

employed or regularly transacts business in person.” § 5335. The

Pennsylvania act also provides that “a person within [the] Commonwealth

not served with a subpoena under [the act] may voluntarily give his

testimony or statement or produce documents or other things for use in a

matter before a tribunal outside of [the] Commonwealth.” Id. Any motion or

application to the court relating to the subpoena must be submitted to the

court that issued the subpoena. § 5337.

South Carolina – The South Carolina Uniform Interstate Depositions and Discovery Act

became effective March 30, 2010 and applied to any cases pending on that

date. S.C. Code Ann. §15-47-100. The South Carolina Act adds the

definition of “clerk of court” to the definition section as meaning:

a clerk of court who is duly elected for that county elected in

each county pursuant to § 14-17-10 and who is ex officio

clerk of the court of general sessions, the family court, and all

other courts of record in the county except as may be provided

by the law establishing the other courts.

§ 15-47-110. To request issuance of a subpoena, a party must submit the

foreign subpoena to a clerk of court in the county where discovery is

sought. § 15-47-120.

South Dakota – The South Dakota version of the UIDDA became effective July 1, 2012.

S.D. Codified Laws § 15-6-28.1. To request a subpoena, a party must

submit the foreign subpoena to a clerk of court in the county where

discovery is sought. § 15-6-28.3. This act gives the court jurisdiction to

enforce the subpoena, quash or modify the subpoena, issue any protective

order relating to the subpoena, or impose sanctions on the attorney

requesting the subpoena. Id. An attorney who is not licensed in South

Dakota will be able to petition the courts in South Dakota, resolve any

dispute related to the subpoena in the courts in South Dakota, or may

respond in the courts to any petition or motion relating to the subpoena

THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

BY DAVID C. MARSHALL

without being admitted pro hac vice. Id. Along with incorporating the terms

of the foreign subpoena and containing the contact information for all

parties, the subpoena issued by the clerk must also advise the person who is

subpoenaed that they have a right to petition the court to quash or modify

the subpoena. Id.

Tennessee – The Tennessee Uniform Interstate Depositions and Discovery Act applied

in cases pending on or after July 1, 2008. See Tenn. Code Ann. § 24-9-201.

The foreign subpoena must be submitted to a clerk of court in the county

where discovery is sought. § 24-9-203. If the court grants a motion to

modify or quash a subpoena, they may award the person subpoenaed

attorney’s fees and expenses occurred while defending against the

subpoena. § 24-9-207. Any final order awarding fees and expenses will be a

judgment entitled to full faith and credit. Id. If the court sustains the

subpoena, they may award the prevailing party attorney’s fees and

expenses. Id.

U.S. Virgin

Islands –

To request issuance of a subpoena under the Virgin Islands Uniform

Interstate Depositions and Discovery Act, a party must submit the foreign

subpoena to a clerk of court in the district where discovery is sought. 5

V.I.C. § 4924.

Utah – The Utah Uniform Interstate Depositions and Discovery Act became

effective on May 5, 2008. Utah Code Ann. § 78B-17-302. The Utah act

only applied to the issuance, service, and enforcement of subpoenas. § 78B-

17-103. The act does not exclude an attorney from complying with “the

statutes and rules governing unauthorized practice of law or from the

requirements contained in the Utah Rules of Civil Procedure governing

limited appearance.” Id. A party can only use the Utah act for issuance of a

subpoena if their state has enacted the act or enacted a provision

substantially similar to the UIDDA. Id. The foreign subpoena must be

submitted to a court in the judicial district where discovery is sought. §

78B-17-201.

Vermont – Under UIDDA in Vermont, a party must submit the foreign subpoena to a

clerk of court in the county where discovery is sought. V.R.C.P. 45(f)(3).

Along with incorporating the terms of the foreign subpoena and including

the contact information for all parties, the subpoena issued by the clerk must

also advise the person subpoenaed that they have a right to make a motion

to the Vermont court to modify or quash the subpoena. Id. The officer or

individual responsible for service of a subpoena will not return a certificate

of service or an affidavit to the court. Rule 45(f)(4). Instead, they will

deliver it to the requestor. Id.

THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

BY DAVID C. MARSHALL

Virginia – The Virginia Uniform Interstate Depositions and Discovery Act applied to

any request for discovery submitted on or after July 1, 2009. Va. Code Ann.

§ 8.01-412.15. To request issuance of a subpoena pursuant to the Virginia

UIDDA, a party must submit a foreign subpoena and “a written statement

that the law of the foreign jurisdiction grants reciprocal privileges to

citizens of [Virginia] for taking discovery in the jurisdiction that issued the

foreign subpoena.” § 8.01-412.10. A separate civil action does not need to

be filed in order to petition the court for a protective order or to enforce,

quash, or modify a subpoena. § 8.01-412.13. The act only applies if the

foreign jurisdiction has enacted the UIDDA, a predecessor uniform act, or

another comparable law or rule providing similar privileges for out-of-state

parties. § 8.01-412.14.

Washington – The Washington version of the UIDDA applies to requests for discovery in

cases pending on or after June 7, 2012. Wash. Rev. Code § 5.51.902. The

foreign subpoena must be issued to the clerk of court in the county where

discovery is sought. § 5.51.020.