Uniform Interstate Depositions and Discovery Act-Arizona

The Uniform Interstate Depositions and Discovery Act (UIDDA Arizona) was enacted by the Uniform Law Commission in 2007. With UIDDA, depositions of out-of-state witnesses and the production of discoverable evidence situated outside of the trial state are made easier and more cost-effective.

Plaintiffs in a lawsuit may use UIDDA Arizona to have a subpoena issued by a trial state court served on a clerk of the court in the state where the discoverable papers are sought. This individual or organization will be served with an official subpoena after it has been received by the clerk, who will then issue another subpoena for service. Additionally, all lawyers of record and any party not represented by counsel must be included in any issued subpoena, along with their respective phone numbers, addresses, and email addresses.

BACKGROUND

When a person is ordered by a court to provide evidence, the term ‘subpoena‘ is used. The second option is to produce and allow the examination of certain papers and electronic data as well as physical items in that person's possession, custody, or control, and/or allow access to the premises.

The clerk of the county where the discovery is taking place must be presented with a foreign subpoena. The wording ‘For the Issuance of an Arizona Subpoena Under Ariz. R. Civ. P. 45.1’ should appear underneath the case number on the international subpoena. For an Arizona court, the request for Rule 45.1 subpoena does not constitute a showing of presence.

It is the duty of the clerk to quickly provide a signed but blank subpoena to the party that requested it, and that party should complete the subpoena prior to serving as required. A subpoena issued must include the name of the Arizona court that issued the ruling; and a title and number of an out-of-state court proceeding to which it refers, with a foreign jurisdiction and court prefixed by that number.

The international subpoena must correctly include the sought discovery as well as provide whether to include or be accompanied by the names and addresses of all counsel of record in the process to which the subpoena pertains, as well as those of any parties who are not represented by counsel; Discovery must be done in accordance with the Arizona Rules of Civil Procedure. Counsel participating in a foreign action may object in the manner needed to preserve objections in the jurisdiction where the action is pending if those requirements vary. As a last resort, a protective order may be sought.

HOW IS A FOREIGN SUBPOENA SERVED IN ARIZONA

A subpoena can be issued from any district court in the United States and served anywhere; however, there are geographic restrictions on where one can require discovery to take place; if you need to enforce the subpoena or the recipient seeks to quash it, the applicant must go to the district court with jurisdiction over the witness.

A subpoena issued by the district court where the case is pending may be served anywhere in the country under Rule 45 of the Federal Rules of Civil Procedure, which came into effect on December 1, 2013. Subpoenas issued by the district court where the desired discovery was to be performed were to be served within a certain geographic area.

However, compliance is now a requirement under the new regulation. A person who receives a subpoena may only be forced to appear at a deposition or produce documents if the location of the deposition or production is within a hundred miles of where the person lives, works, or frequently transacts business in person.  Furthermore, motions to quash or enforce a subpoena are filed in the district court where compliance is needed rather than the issuing court, although they may later be moved to the originating court with the approval of the subpoena recipient or in rare circumstances. Rule 45 does not automatically allow the attorney who issued the subpoena to appear in the district court where both formally and practically, any dispute over compliance with an out-of-state subpoena is likely to require the involvement of counsel local to the district where compliance is to be sought.

PREREQUISITES FOR THE FOREIGN SUBPOENA

A foreign subpoena must be printed with the words ‘For issuance of an Arizona subpoena under Ariz.R.Civ.P. 45.1’ below the ‘Case Number’ section on the first page. An Arizona subpoena must include [A.] the name of the Arizona court issuing the subpoena; [B.] the caption and case number of the out-of-state case to which it pertains;  [C.] identification of the foreign jurisdiction and court where the case is pending, prior to the ‘Case Number’ field; [D.] incorporation of the discovery requested in the foreign subpoena; and [E.]  the names, addresses, telephone numbers,

Other pleadings, if any, are required under the legislation of the jurisdiction in question. The next step is to pay the issuance fee to the Clerk of Superior Court.

A clerk issues the document. When a party requests a subpoena, the clerk must provide a signed, but otherwise blank, document. Before it may be served, the subpoena must be completed by that party. The Supreme Court of Arizona has established an online subpoena issuing service via which the State Bar of Arizona may issue signed subpoenas on behalf of the clerk.

In order for a subpoena to be valid, the superior court of the county in which the hearing or trial will take place must issue it. A subpoena issued by the superior court in the county in which the case is ongoing must be issued. If a subpoena is issued that requires a person to appear at a hearing, deposition, or trial, the subpoena may also contain a request to produce papers, electronic information, or physical items; a second subpoena may be issued for this purpose.

An individual summoned to testify or appear at a hearing or deposition may not be required to travel more than forty miles from the place of service or the county where he or she resides or transacts business in person unless such a location has been designated by court order as a ‘convenient’ location. A subpoena requiring attendance at a deposition must specify the means by which the testimony will be captured.

Appearance is required for the objections. Timely objections to subpoenas are necessitated to ensure presence at depositions, hearings, or trials. A person who is lawfully served with a subpoena must appear and testify at the time, date, and location mentioned in the subpoena unless excused by the party or attorney issuing the subpoena, by a court order.

The superior court in the county where the production or inspection is to be made must issue a subpoena compelling a person to provide specific papers, electronically stored information, or physical goods, or to allow the examination of premises. One or more formats in which electronically stored information must be produced may be specified in a subpoena. To comply with an unspecified request, the person answering may supply the information in its original form or a fairly useable version that will allow the receiving party to access, search, and display it as if it were the replying person. It is not necessary for the respondent to provide the same electronically recorded data in several formats.

If a source of electronically stored information is not reasonably accessible because of undue burden or expense, the person responding does not need to provide discovery of that information. This includes sources that are unduly burdensome or expensive to access because of the past good-faith operation of an electronic information system or consistent application of a document retention policy. 

REQUIREMENTS FOR A DISCOVERY

In order for a person to respond to a request for discovery or protective order, they must demonstrate that the information is inaccessible owing to an unreasonable hardship or cost. Conditions for discovery may be set by the court. Unless the subpoena also requires presence at a deposition, hearing, or trial, a person ordered to provide papers, electronically stored information, or physical goods, or to authorize an examination of premises, is not required to present in person at the location of production or inspection.

 In order to comply with a subpoena to provide documents, a person must either produce them as they are maintained in the normal course of business, or arrange and label them to match the categories in the demand.

An individual commanded to produce documents, electronically stored information or tangible things may serve a written objection if he or she cannot produce the materials, inspect the premises or produce electronically stored information from sources that are not reasonably accessible, including sources that are unduly burdened.  A person may serve a written objection if he or she cannot produce the materials, inspect the premises or produce electronically stored information from sources that are unduly burdened. The grounds for the objection must be stated, and the name, address, and telephone number of the person or attorney serving the objection must also be included in the objection.

OBJECTIONS TO A SUBPOENA

A person who objects to a subpoena to produce documents or to allow inspection is not required to comply with those sections of the subpoena to which their objection relates until the issuing court orders them to do so. Opponents may also seek a protection order or a modification or dismissal of their summons.

The party serving the subpoena may also seek an injunction to force the other party to appear as requested. To avoid unnecessary difficulty or cost, the court's order to compel must safeguard any individual who is not a party nor an official of a party. There must be good faith negotiations before a move to compel is filed, a motion to quash is filed, or an order of protection is issued for compliance with an order of subpoena is issued. 

A party receiving papers or electronically stored information or physical items in response to a subpoena immediately makes those materials, together with any further disclosures required by them, accessible to all other parties for view and copying.

HOW TO SERVE A SUBPOENA IN ARIZONA

An Arizona Process Service or Anyone over the age of 18 who is not a party to the case may serve a subpoena. One must serve an original subpoena to each individual mentioned in it, and if they are required to appear, you must pay them a fee for one day's attendance and the distance permitted by law.

In certain cases, tendering fees may be waived or reduced. Paying fees and travel expenses are not required for subpoenas issued by the state of Arizona or its officials if the summons requires the witness to appear in court.

Each party must be served at least two days prior to the service of the subpoena if it requires the production of papers, electronically stored information, physical goods, or an examination of the premises. In order to submit a proof of service, this proof must be given to the court clerk in the county in which the case is ongoing and include the server's certificate that states the date and method of service and the names of those served.

There must be no unnecessary hardship or cost on the subject of a subpoena when it is served by someone other than the party or an attorney responsible for serving it. As long as the subpoena has reasonable cause, it can't demand production of documents that have previously been presented in court or are readily accessible from other parties to the case.’

When responding to a subpoena for papers, electronically stored information, physical goods, or an examination of premises, the summoned person must reimburse the party seeking discovery for the reasonable expenditures paid by the subpoenaed person. For expenditures other than regular clerical and per-page copying charges as authorized by legislation, a subpoenaed person who seeks reimbursement of those expenses must object on the grounds that the expenses would impose an excessive hardship without payment and must produce an estimate of those expenses. In the event of a disagreement, the court has the option of quashing or amending the subpoena or, alternatively, of imposing restrictions, such as the payment of such extra charges by the subpoenaing party and the payment of expenses in advance. 

Subpoenas may be issued only if the subpoenaed person's testimony or material is needed in a way that would cause undue hardship if the subpoenaed person were to travel to testify or produce the material, and the subpoenaed person's travel or production expenditures are at issue.

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Sources

1. For example, the Act does not need any court monitoring and does not require any additional paperwork, such as letters rogatory, or other miscellaneous actions during the discovery phase. There must be strict adherence to state law when subpoenaed evidence may be accessed. Additional motions to dismiss, enforce or amend a subpoena issued under the Act must be made in and regulated by the laws of discovery in that state.

Uniform Interstate Depositions and Discovery Act - 2012 Bill Number: Court Rule ARIZ. R. CIV. P. 45.1 Arizona Court.  A federally recognized Indian tribe, Puerto Rico, the US Virgin Islands, or any territory or insular possession under the sovereignty of the United States are all included in the definition of ‘state.’ Arizona Courts https://www.azcourts.gov

3. First floor of the Central Court Building Second floor of the Southeast Court Building 201 W. Jefferson Avenue 222 E. Javelina Avenue Phoenix, Arizona 85003 Northern Justice Center 14264 W. Tierra Buena Lane 18380 North 40th Street Surprise, Arizona 85374 Mesa, Arizona 85210 Southeast Justice Center 14264 N. 40th Street

4. Credit cards, cash, money orders, or business checks made payable to ‘Clerk of Superior Court’ are all acceptable forms of payment for clerks' fees.  Monday through Friday, the court is open from 8:00 a.m. to 5:00 p.m. Arrive at least two hours before the court closes.

5. The Clerk of Superior Court File Counter 201 W. Jefferson Street Phoenix, Arizona 85003, where papers may be submitted with the issuance fee and a self-addressed, stamped envelope for return. A request for an ARCP Rule 45.1 subpoena does not constitute attendance in an Arizona court. Important.

6. Rule 45(c) requires that any such objection be lodged within the time and manner specified

7. Rule 26(b)(1) and (b)(2), however, restrict the court's ability to require discovery from such sources if the asking party can establish good cause. An objection that electronically stored material is not properly accessible is covered under Rule 26(e) of the Rules of Civil Procedure.

8. The motion must be served on the subpoenaed individual and all other parties as required by Rule 5, and must conform with Rule 37(a) (c).