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UNDERSTANDING THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT AND DOMESTICATING OUT OF STATE SUBPOENAS

By: Akanksha A. Panicker

Preparing and serving outstate subpoenas can seem like a mystery. The Uniform Interstate Depositions and Discovery Act (UIDDA), was enacted purely to unravel this web, however, providing a simplified procedure for parties in an action in one state to obtain records or depose parties located in another. 

In 2007, the Uniform Law Commission promulgated the Uniform Interstate Depositions and Discovery Act (UIDDA) to streamline the arduous, time-consuming process of conducting out-of-state discovery for state court cases. The UIDDA provides a standardized means for litigants to take depositions and obtain discovery from individuals and entities located out of state. To do so, a litigant must primarily obtain a subpoena from the originating state court, which must then be presented to the clerk in the county where discovery is sought. Upon doing so, a local subpoena for service is issued by the clerk. The terms of the issued subpoena must incorporate the same terms as the original subpoena and contain the contact information for all counsel of record and any party not represented by counsel.

PROCESS SERVERS WANTED

  NOW HIRING – ONLY FIVE POSITIONS AVAILABLE

Undisputed Legal Inc. is one of the nation’s largest process service agency, providing service of process and related services for many of the country’s most notable law firms, financial institutions, and insurance companies. We seek licensed process servers to serve legal documents in Manhattan, Staten Island, Brooklyn, Queens, and the Bronx (must cover the entire borough). Candidates must have great communication skills and understand what it takes to be effective in properly serving defendants, speaking with neighbors, and obtaining vehicle descriptions are required. This is an Independent Process Server position, and your services will be required on an as-needed basis.

CONTRACT VALUE $50,000.00 

All applicants must meet the following requirements for consideration:
Must be 18 years or older
Must have a valid Process Server License
Must be able to write reports and perform administrative work at home, notarized affidavits of service/nonservice.
Reliable transportation and a valid driver’s license.
Functional computer with printer, scanner capability, Internet service, digital camera, GPS navigation, and smartphone (I Phone or Android).
Experience in process service, law enforcement, security, or private investigation is a plus.

To be considered for this position, visit https://undisputedlegal.com/careers/. *in your application, make sure to include the following information, the area you are applying for, and your years of experience.  

 

HOW TO PREPARE AND SERVE A INTERNATIONAL SUBPOENA

By: Akanksha A. Panicker

Depositions, testimony, discovery, and production of records and documents are always a core component of due process and the key to a fair and speedy trial. Mostly, all parties, witnesses, and potential evidence can be sourced in a local manner, is available within the same state. However, when a witness needs to be obtained from another country, a foreign subpoena is issued to compel the testimony or to produce the documents.

The Hague Service Convention makes it simpler to serve documents across countries, but subpoenas do not fall within this bracket. Service of subpoenas cannot technically be served in another country, and goes instead through the Hague Evidence Convention, wherein the process is decidedly more precise, and a little more complex.

Why the difference, then? This can be explained by the fact that subpoenas are mandatory compliance within their own jurisdiction, but once they move past that, they turn into a request. The scope of the subpoena then changes from a demand to a request once they’re outside their jurisdiction. Consequently, how subpoenas act under the Hague Evidence Convention actually corresponds to the process that surrounds service of letters rogatory. In fact, if a country is not a part of the Hague Evidence Convention, then the subpoena is sent through Letter Rogatory like a summons or a complaint.

UNDERSTANDING ALTERNATE METHODS OF INTERNATIONAL PROCESS SERVICE

By: Akanksha A. Panicker

Service of process abroad always means a menu of choices, each of which comes with trade-offs of costs, certainty, and punctuality.   No universal method of service can be achieved in these cases, and research must be done to determine the most efficacious method of service in this particular case. 

In this regard, issues of timing almost always come up in terms of service of process abroad.  Even in domestic cases, timing is the main facet of litigation strategy. Since service of process abroad takes longer than service in the state, the time taken to serve the documents turns determinative in a foreign jurisdiction, particularly where the statute of limitations may expire. 

Even if the statute of limitations isn’t an issue, the speed of the method of service is paramount. Often, process service is the fastest means of executing service, if permitted. This is followed by service through the Hague Service Convention Central Authority and mail service (questionable since this might be more unpredictable as some countries do not permit service by mail, and even if they do, require a return receipt.) Letters rogatory take the longest time and is generally considered to be the slowest method of service. 

UNDERSTANDING SERVICE OF PROCESS ABROAD

By: Akanksha A. Panicker

Service of process is essential for any case to move forward. Untimely or ineffective service of process effectively shuts down a case immediately, and ‘without proper service of process, consent, waiver, or forfeiture, a court may not exercise personal jurisdiction over a named defendant.” 

The provision of legal papers to other parties in a case is known as service, and this commences a case. It must be noted here that while service of papers is usually done in person, service of subsequent papers may be done through First Class Mail (pursuant to judges order or agreement made between parties). Adhering to the rules of service of process essentially gives notice of the existence of the case and effectuates the court’s jurisdiction over a person. 

RENT REGULATION IN NEW YORK CITY

By: Akanksha A. Panicker

An apartment’s unique history determines its legal rent rather than the individual’s ability to pay. This means that tenants in identical apartments may pay exceedingly disparate rent, more so if there is a differentiation between newer tenants and long-term tenants. 

Rent control in New York is a means of limiting the amount of rent charged on dwellings. Rent control and rent stabilization are two programs used in parts of New York State (and other jurisdictions). In addition to controlling rent, the system also prescribes rights and obligations for tenants and landlords.

HOW TO END A MARRIAGE: ANNULMENT AS AN OPTION

By: Akanksha A. Panicker

It’s always difficult to end a marriage, and sometimes divorce seems like it’s insurmountable. There are multiple ways to end a marriage, however, including annulment and legal separation. This article will explore the nature of annulment as an option to end a marriage.

[1.1] WHAT IS ANNULMENT

An annulment or a declaration of nullity basically says that the marriage was invalidly contracted and is thus treated as though it never occurred. An annulment can only be granted if the marriage was invalid in the first place. Essentially, the marriage vanishes retroactively, as if they had never been married.

Unlike popular belief, an annulment cannot be granted for a marriage that has yet to be consummated or for a marriage that has lasted for a short time alone. However, an annulment can be granted if one spouse is physically incapable of having sexual relations. When the court does pronounce an annulment, it issues an order of dissolution that divides your property and addresses issues such as child support and child custody.

TYPES OF ORDERS OF PROTECTION AND WHAT EACH ONE DOES

By: Akanksha A. Panicker

As mentioned in the earlier article, an Order of Protection is merely a document issued by the court to limit the harmful or threatening behavior of a person to another. It is used to address safety issues, including domestic violence.

Orders of Protection may be full or limited. This means that an individual can get a temporary Order of Protection, which will be issued on the day of filing for the order by the complainant and lasts till the next court date [although it may be subject to extension] or may get a final Order of Protection. A final Order of Protection is issued upon the conviction of the individual by plea or after a trial and required that the judge find the offense committed

It must be kept in mind that the degrees of protection afforded to an individual will vary across cases. One might be awarded a full Order of Protection, wherein the perpetrator is forced to stay completely away from the individual and their home, or a limited Order of Protection may be given where the subject is allowed to maintain highly restricted contact with the victim.  One can get an Order of Protection from a Family Court, a court that hears criminal cases, and a Supreme Court.

WHY HAVE AN ORDER OF PROTECTION?

By: Akanksha A. Panicker

Domestic violence, or family violence, is violent, abusive, or intimidating behavior in a relationship. There are many types of domestic violence, including emotional, sexual, social, financial, spiritual, and physical abuse. For violence to be ‘domestic’, it doesn’t have to occur within the home, only within a relationship (with a family member or an intimate partner). It occurs when the abuser has power and control over the individual. This control or abuse can be expressed in different ways.

Why order of protection?

An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence New York State Unified Court System. (n.d.). Obtaining An Order of Protection. Retrieved August 30, 2020, from https://www.nycourts.gov/faq/orderofprotection.shtml