How to domesticate a foreign subpoena in Alaska
This article will provide guidance on How To Domesticate a Foreign Subpoena in Alaska. The Uniform Law Commission promulgated the Uniform Interstate Depositions and Discovery Act (UIDDA Alaska) in 2007. UIDDA aims to make it more efficient and inexpensive to depose out-of-state individuals and produce discoverable materials out of the trial state.
In Alaska, service of all process will be made by a peace officer, by a person specially appointed by the Commissioner of Public Safety, which may also be done by registered or certified mail. However, this is not the case for a subpoena, which would not necessitate any special appointment.
Uniform Interstate Depositions and Discovery Act (UIDDA)-Alaska
Under UIDDA, litigants can present a clerk of the court located in the state where discoverable materials are sought with a subpoena issued by a court in the trial state. Once the clerk receives the foreign subpoena, the clerk will issue a subpoena for Alaska UIDDA Service upon the person or entity to which the original subpoena is directed. The terms of the issued subpoena must incorporate the same Alaska UIDDA Service terms as the original subpoena and contain the contact information for all counsel of record and any party not represented by counsel.
The Act requires minimal judicial oversight and eliminates the need for obtaining a commission or local counsel in the discovery state, letters rogatory, or filing a miscellaneous action during the discovery phase of litigation. Discovery authorized by the subpoena must comply with the Alaska UIDDA Service rules of the state in which the discovery occurs. In addition, motions to quash, enforce, or modify a subpoena issued pursuant to the Act will be brought in and governed by the rules of the discovery state.
A subpoena here references an Alaska UIDDA Service document, however, denominated, issued under the authority of a court of record requiring a person to attend and give testimony at deposition or produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or permit inspection of premises under the control of the person.
A party must submit a foreign subpoena to the clerk of court for any judicial district to conduct discovery as per Alaska UIDDA Service laws. A request for the issuance of a subpoena under this rule does not constitute an appearance in the courts. When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court's Alaska UIDDA Service procedure, will promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
A subpoena issued by a clerk of court must be served in compliance with Civil Rule 45(c) as per Alaska UIDDA Service. An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court must comply with the rules or statutes of this state and be submitted to the court location in Alaska from which the subpoena issued.
PROCEDURE TO COMPLY WITH THE FOREIGN SUBPOENA
Usually, foreign subpoenas are duces tecum or seeking documents from a record holder out of state. However, many are ad testificandum, which requires a person to testify in court or by other testimony. In either instance, failure to comply with Alaska UIDDA Service will result in legal punishment for the recipient of the subpoena. Whether a subpoena must be issued in another state, processed from another state or another federal district court, or located in-state, our fast and accurate service is provided by experienced Alaska process servers familiar with local, state, and national laws.
A deposition cannot be taken in front of a person who is related to or employed by any of the parties, or who is related to or employed by such an attorney or counsel, or who has a financial interest in the action, except that an attorney involved in the case may also operate or direct the operation of the recording machinery in the case of an audio or audio-visual deposition.
PROOF OF SERVICE OF A FOREIGN SUBPOENA
Proof of service of a notice to take a deposition is sufficient authority for the clerk of the court to issue subpoenas to those individuals mentioned or described therein. An objector to examination or copying of some or all of the designated Alaska UIDDA Service documents may serve a written objection on the attorney identified in the subpoena within ten days after service or if such period is less than ten days after service before the time stated in the subpoena for compliance. A party serving a subpoena may only view and copy evidence if the court is ordered to do so by the party serving the subpoena. If the deponent objects, the party issuing the subpoena may apply for an order before or during the deposition after notifying the deponent.
Any Supreme Court venue within the judicial district in which the deposition is to be taken may be required to hold an examination for a resident of that district unless the court orders otherwise. Unlawfully subpoenaed non-citizen witnesses in a certain judicial district may be obliged to appear wherever in that district where they are served with a subpoena unless an order of court specifically prohibits this from happening is made by the court.
RESPONSIBILITIES OF THE CLERK OF THE COURT
An out-of-state deposition and discovery subpoena is issued in accordance with Alaska UIDDA Service Rule 45.1, which specifies the process for issuing one.
The clerk of court in any district where discovery is to be conducted in the state must be served with a foreign subpoena before they may seek the issue of one as per Alaska UIDDA Service. If a subpoena request is made as such, it does not constitute an appearance before the courts of this state.
This state's clerk of court will, in accordance with its Alaska UIDDA Service, swiftly issue an order requiring service on the person to whom a foreign subpoena is addressed when it is presented to the clerk by one of its parties.
TERMS OF THE SUBPOENA
A subpoena must: [A.] incorporate the terms used in the foreign subpoena; and [B.] contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in a proceeding to which the subpoena relates and any party not represented by counsel.
This state's Alaska UIDDA Service rules and legislation dictate where an application for a protective order or an action to enforce, quash or alter a subpoena issued by a clerk of court. When interpreting and enforcing this regulation, it's important to keep in mind that the states that have adopted it want to keep the Alaska UIDDA Service law as consistent as possible. It is appropriate to refer to the UIDDA and its commentary when conducting an interpretation of the statute.
If summoned to testify or provide papers, a subpoena must be issued by a clerk who is authorized to do so by the court's seal. It must also include a specific day, time, and location where the individual is supposed to appear. Subpoenas for witnesses must be signed and sealed but otherwise in blank, and the party seeking them must fill them out before they are served by the clerk. Signed and sealed subpoenas are issued by the clerk directing the production of documentary evidence during a deposition or court hearing specified in writing in the subpoena.
Additionally, a subpoena may command the person to whom it is addressed to produce the books or papers or documents, electronic information, or tangible things designated therein; however, the court may either [A.] void or modify the subpoena if it is unreasonable and oppressive; or [B.] condition denial of the motion upon the advancement by the person in whose behalf the subpoena was issued. One or more formats in which electronically stored information must be produced may be specified in a subpoena.
HOW TO SERVE A SUBPOENA IN ALASKA
To serve a subpoena, anybody who is not a party to the case and at least eighteen years of age may be called upon to do so. The individual identified in the subpoena will be served with a copy of the subpoena and the fees and mileage required by the rule for one day's attendance. Costs and mileage are not required when the subpoena is issued on behalf of the state or an agency of the state. Registered or certified mail may also be used to deliver a subpoena. A warrant or postal money order for the fees for one day's attendance and the distance stipulated by the rule must be included with the subpoena if the clerk intends to mail it for delivery solely to the person summoned. To ensure that the returned delivery receipt gets returned to the party seeking the subpoena or that party's attorney, it must be addressed in such a way. Proof of service must be given by affidavit.
The clerk of the court for any judicial district may issue subpoenas for the people mentioned or described in a notice to take a deposition. A subpoena may command the person to whom it is addressed to produce and permit inspection and copying of designated books, papers, documents, or tangible things that constitute or contain matters within the scope of examination permitted by Alaska UIDDA Service.
Subpoenaed documents may be inspected or copied only when the person to whom the subpoena is addressed files a written objection within ten days of the serving of the subpoena or within the period stated in the subpoena for compliance if such time is less than ten days after Alaska UIDDA Service. A party serving a subpoena may only view and copy evidence if the court is ordered to do so by the party serving the subpoena. Suppose the deponent objects to the subpoena, the party issuing the subpoena may request an order at any point before or during the deposition.
Any person in the area in question must appear in person for an examination at any location within that district unless the court orders otherwise. An un-subpoenaed nonresident of the state or the judicial district where the deposition is to be taken may be obliged to appear at any location within that district where the subpoena has been issued unless the court orders otherwise. A subpoena for deposition and discovery in an out-of-state lawsuit is issued in accordance with Rule 45.1.
The clerk of the court for the judicial district where the hearing or trial is being placed will issue subpoenas for attendance at the request of any party. If a witness is required to appear at a hearing or trial, the subpoena may be issued in any location in the state. Anyone who refuses to comply with a subpoena issued by a court may be held contempt of court if there is no reasonable explanation.
To ensure that subpoenas issued by state officers or agencies are enforced to compel testimony or the production of documents in accordance with the state's Administrative Procedures Act, actions may be instituted in court.
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Uniform Interstate Deposition and Discovery Act Adopted – 2015 Bill Number: Court Rule
ALASKA R. CIV. 45.1 Alaska Court System http://www.courts.alaska.gov
2. The Alaska Civil Deposition and Discovery Rules, Civil Rules 26 to 37, apply to subpoenas under subsection (b).
3. Before Alaska R. Civ. P. 45.1: Some states required a notice of deposition to be shown to the judge or clerk in the discovery state, where a subpoena would be automatically issued. Others required a notice of deposition to be filed in the trial state and the witness to be served a subpoena according to the rules of the trial state. There were also states that required letters rogatory requesting the reissuing of the subpoena in the trial state, with other states requiring the attorney in the discovery state to file an action to establish jurisdiction over the witness.
4. In appeals under AS 36.30.627, the arbitrator or hearing officer may
(1) issue subpoenas, including subpoenas duces tecum, to compel the attendance of witnesses and the production of documents;
(2) allow the taking of depositions for discovery or to perpetuate testimony; and
(3) refer a subpoena or subpoena duces tecum to the superior court for enforcement and the imposition of appropriate sanctions.
5. the subpoena can demand that a person be made to produce and allow the inspection and copying of designated documents and books if they fall within the scope of the examination permitted by Rule 26(b). Still, the subpoena will be subject to the provisions of Rule 26(c) and subparagraph (b) of this rule.