HOW TO DOMESTICATE A FOREIGN SUBPOENA IN Maine
This article will provide guidance on How To Domesticate a Foreign Subpoena in Maine. The Uniform Interstate Depositions and Discovery Act (UIDDA), the Uniform Law Commission enacted Maine in 2007. The UIDDA's mission is to make deposing people from out of state and producing discoverable materials situated outside of the trial state more expedient and less costly.
A subpoena issued by a court in the trial state may be presented to a clerk of the court in the state of Maine, where discoverable papers are sought under UIDDA. Clerks must serve the original subpoena's intended recipient with an additional subpoena after receiving a foreign subpoena. There must be identical wording in the issued subpoena and contact information for all attorneys of record and any party not represented by counsel.
Uniform Interstate Depositions and Discovery Act (UIDDA)-Maine
UIDDA and Maine lawsuits may proceed without needing a commission or local counsel in the discovery state, letters rogatory, and other actions during discovery. The Act needs minimum court control. All information obtained by a subpoena is subject to the UIDDA and Maine laws of the state where it was obtained. A subpoena issued under the Act is subject to the UIDDA and Maine regulations of the discovery state, including motions to dismiss, enforce, or alter it.
The first step to following UIDDA and Maine regulations would be issuing a request. A party must submit a foreign subpoena to the clerk of a District Court in the district or the clerk of the Superior Court in the county where the discovery is to be performed in order to obtain a UIDDA and Maine subpoena. It is not necessary to appear in court to obtain the issuing of a subpoena under the UIDDA and Maine provisions.
Submission of the subpoena from outside the country usually goes through letters rogatory. An in-state clerk of court must immediately serve a foreign subpoena's intended recipient with an official summons issued in line with the UIDDA and Maine court's rules of procedure.
DEPOSITIONS OF WITNESSES IN MAINE
It is necessary to use the language from the foreign subpoena. The subpoena complying with UIDDA and Maine regulations must include or accompany the names, addresses, and phone numbers of all counsel in the action to which the subpoena pertains, as well as any party who counsel, does not represent.
To depose witnesses in Maine for use in a foreign civil action, the UIDDA and Maine Rules of Civil Procedure make it a simple process. To begin, local counsel will ask the court for permission to issue and serve a subpoena on the Maine witness in an Application for Court Approval. In the county where the witness is thought to live, the UIDDA and Maine Application are filed in Superior Court in the same way as a Complaint. As with the out-of-state scenario, the application should be titled accordingly.
A Maine bar member must sign the application. Upon approval by the court, local counsel may issue a subpoena on behalf of the court and have it delivered. Out-of-state attorneys may take UIDDA and Maine depositions of witnesses without the help or presence of local lawyers, and those regulations apply. As a result of this, local counsel may be an invaluable resource when it comes to getting a court reporting service to attend the deposition, as well as locating a site for the deposition.
RESPONSIBILITY OF THE CLERK
If the individual applying requires procedural information, the Clerk's Office personnel can help.
They will provide instructions to the applicant on how to move forward, specifying the number of copies and the use of the forms in compliance with UIDDA and Maine requirements. It is necessary for an individual wishing to put forward a foreign subpoena in Maine to ensure compliance with UIDDA and Maine guidelines by providing relevant information.
It must be known that while the Clerk’s Office may be helpful for the submission of the foreign subpoena, legal advice cannot be given by Clerk's Office workers. They are unable to provide further assistance as to the definition of a certain UIDDA and Maine regulation or to a legal analysis of a case. Additionally, it is not within their power to determine whether or not a certain decision will have an effect on the outcome of a situation or provide an answer to the question of whether or not a case falls within UIDDA and Maine jurisdiction.
Form AO451 must be completed and certified by the district court where the action was filed. It is necessary to pay the filing fee with the Certificate of Judgment and a certified copy of the judgment. A new miscellaneous case number will be issued to it.
ISSUING A FOREIGN SUBPOENA IN MAINE
When a subpoena is needed, it should be issued out of the district court that has jurisdiction over the matter. The district court's name should appear at the top of the subpoena. Ideally, the case name and civil number should match the name and number of the UIDDA and Maine cases. As an official of the court, the counsel should sign and issue the UIDDA and Maine subpoena.
A completed subpoena may be issued by the Clerk's Office and utilized under the seal of the Court under Fed. R. Civ. P. 45. In the event that a deposition or production subpoena is taking place in another district, attorneys may issue subpoenas in the name of the court where the matter is now ongoing. Attorneys are not needed to be members of the bar in the district where the summons is delivered, as long as they are permitted to practice in their home district.
UIDDA and Maine subpoenas issued must be presented to the clerk of the District Court or the clerk of the Superior Court of the county in which discovery is to take place with a foreign subpoena submitted with a request for its issuance. It is not necessary to appear in court to obtain the issuing of a subpoena under the UIDDA and Maine regulations.
UNDERSTANDING THE SCOPE OF A FOREIGN SUBPOENA IN MAINE
A witness is served with a subpoena, which orders them to come in court and testify in accordance with the UIDDA and Maine order for a subpoena from a foreign court. Upon receipt of a foreign subpoena from a party, a clerk of court in the State must issue a subpoena for service upon the person to whom the international subpoena is addressed, in line with the UIDDA and Maine process.
HOW IS A DOMESTIC SUBPOENA SERVED IN MAINE
When a summons to appear at a hearing or trial is issued, the summons to present evidence or to allow inspection might be issued at the same time. There is no restriction on where a subpoena for the Superior or District Courts may be issued from in terms of which county or district it can be issued from. The clerk will provide a signed but otherwise blank subpoena to the party making the request, who must fill it out before it is served. As an official of the court, a Maine attorney may issue and sign a subpoena.
As long as the counsel for one of the parties is above eighteen, they may serve a subpoena. Subpoenas are delivered to the people mentioned in them by providing copies of them, and if they are required to appear in court, by paying them the fees for one day's attendance and the distance permitted by law. Each party must be notified at least fourteen days before the response date specified in the subpoena of any required production of documents and objects, examination of premises, or appearance of a witness before trial in discovery or pretrial proceedings. A discovery or pretrial subpoena may be objected to by a party for seven days, during which time the party can arrange for the court to rule on the objection.
As long as the deadline for compliance is less than fourteen days after the service of the subpoena, the party or attorney named in the subpoena may serve a written objection to the inspection and copying of any or all of the designated materials or premises on the person ordered to produce and permit inspection and copying. However, if there is an objection, only a court order or an order of justice or a judge of that court may allow anybody delivering the subpoena to view and copy any documents or inspect the premises.
Maine's rules deviate from the federal regulation in order to preserve the current practice of issuing a subpoena in blank by the clerk or by a Maine attorney. It is possible to issue a subpoena in any county or district, as was previously allowed. Only the issuing clerk's or attorney's signature is needed. Additionally, a subpoena cannot be used for any purpose other than to obtain evidence; therefore, the court has the power to issue protective orders or sanctions against nonparties in order to ensure that they are protected from high costs and others.
Uniform Interstate Depositions and Discovery Act Adopted - 2019
Bill Number: LD 1212 Sponsor Cardone
ME. R. CIV. P. 14 § 403
Maine Judicial Branch Click Here
1. Request issuance. To request the issuance of a subpoena, a party must submit a foreign subpoena to the clerk of a District Court in the district or to the clerk of the Superior Court of the county in which the discovery is to be conducted. A request for the issuance of a subpoena under this Act does not constitute an appearance in the courts of the State.
[PL 2019, c. 109, §1.]
2. Submission of the foreign subpoena. When a party submits a foreign subpoena to a clerk of court in the State, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
[PL 2019, c. 109, §1.]
3. Requirements. A foreign subpoena submitted under subsection two must:
(A) Incorporate the terms used in the foreign subpoena; and [PL 2019, c. 109, §1.]
(B) 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. [PL 2019, c. 109, §1.]
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1. Maine's Judicial Branch has adopted the Uniform Interstate Depositions and Discovery Act of 2019 - LD 1212 Sponsor Cardone ME RCP 14 403
2. The procedure is outlined in Rule 30(h).
3. Among other things, the Application should contain the following:
- The court in which the foreign action is now pending
- The name and docket number of the international lawsuit now proceeding in court;
- A succinct description of the scope of the foreign intervention.
- The foreign jurisdiction's legal rule(s) or provision(s) authorizing the deposition;
- Each deposition's date and location;
- All of the people who will be questioned;
- Any materials the deponent is expected to create if any and
- A declaration that all opposing parties have been given proper notice of the deposition's upcoming date.
4. A person designated by the court to assist the chief judge in administering the court's administration, including the flow of cases and the maintenance of court records.
5. To make a payment, the individual may use a debit or credit card. The Clerk’s Office will be unable to accept credit card payments for bail. The Clerk, US District Court, shall be the name on all checks.
6. First disclosures made under Fed. R. Civ. P. 26(a) (1)-(3), as well as other discovery information, are not required to be submitted unless specifically requested by the Court or the parties, according to Local Rule 5(b).
7. An archived file may be requested by submitting a written request to the Clerk's Office, along with a $64.00 retrieval charge. A closed file will be sent from NARA to the Clerk's Office five to seven days after the request is received. When the file is received, the individual will be notified, and the file will be maintained for one week at the Clerk's Office.
Records may be seen in person at the location, or copies of case papers can be sent or faxed directly from NARA to the requestor. Case file name, accession number, box location number, and NARA phone number must be obtained from the Clerk's Office before phoning NARA (781-663-0130).
8. Any territory or insular possession under U.S. authority, including but not limited to the District of Columbia, Puerto Rico, the US Virgin Islands, federally recognized Indian tribes, and the US Virgin Islands. See Section 402 of Title 14 of the Maine Revised Statutes.
9. [NEW in 2019: PL c. 109, 1] Title 14 Section 403 of the Maine Revised Statutes
10. Pre-trial investigation of facts and documents held by the adversaries in order to prepare for trial. This refers to a subpoena that was issued by a court in a foreign jurisdiction under the power of a foreign subpoena.
11. For a subpoena to be valid in Maine, it is necessary to:
- Provide the name of the court from which it is issued;
- Specify in detail the title of a proceeding, its name, and the civil action number;
- Command each person to whom it is directed to attend and give testimony or produce and permit inspection, copying, or inspection of designated books, documents, or tangible things; or permit inspection of premises at a time and place specified;
- Specify in detail the time and place where the summons will be served;
- Specify in detail how many people will be summoned;
- Specify in detail how many people will be summoned; and
- Specify in detail how many people will be summoned; and
12. Subpoenas may be quashed or modified by the court that issued them if they fail to allow for a reasonable time for compliance; or (ii) require an individual who is not a party or an officer to travel more than 100 miles one way to appear at the deposition of a non-party resident of this state, unless the court otherwise orders; or (iii) require a person who is not an officer of a party to travel to attend a deposition outside the county where that person resides, works, or transacts business in person, or more than 100 miles one way, whichever is greater.
13. Rule 45(a), which only applied to subpoenas issued by the clerk and required the subpoena to contain the court seal, has been repealed.