Uniform Interstate Depositions and Discovery Act-Arizona

The Uniform Law Commission promulgated the Uniform Interstate Depositions and Discovery Act (UIDDA) in 2007. The goal of UIDDA is to make it more efficient and inexpensive to depose out-of-state individuals and to produce discoverable materials located out of the trial state.

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 service upon the person or entity on which the original subpoena is directed. 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.

The Act requires minimal judicial oversight and eliminates the need for obtaining a commission or local counsel in the discovery state, letters rogatory, or the filing of a miscellaneous action during the discovery phase of litigation. Discovery authorized by the subpoena must comply with the rules of the state in which the discovery occurs. In addition, motions to quash, enforce, or modify a subpoena issued pursuant to the Act shall be brought in and governed by the rules of the discovery state.

Below is the guidance on issuing an out-of-state subpoena in Arizona.

Uniform Interstate Depositions and Discovery Act Adopted – 2012
Bill Number: Court Rule
ARIZ. R. CIV. P. 45.1
Arizona Courts https://www.azcourts.gov

(a) Definitions. In this rule:

(1) “foreign jurisdiction” means a state other than the State of Arizona;

(2) “foreign subpoena” means a subpoena issued under a foreign court’s authority;

(3) “state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States; and

(4) “subpoena” means a document issued under court authority requiring a person to:

(A) attend and testify at a deposition;

(B) produce and permit inspection, copying, testing, or sampling of designated documents, electronically stored information, or tangible things in that person’s possession, custody, or control; or

(C) permit the inspection of premises.

(b) Issuing Subpoena.

(1) Presenting the Foreign Subpoena. To obtain a subpoena under this Rule 45.1, a party must present a foreign subpoena to the clerk in the county where the discovery will be conducted. The foreign subpoena should include the following phrase below the case number: “For the Issuance of an Arizona Subpoena Under Ariz. R. Civ. P. 45.1.” A request for a Rule 45.1 subpoena does not constitute an appearance in an Arizona court.

(2) Clerk’s Duties. On receiving a foreign subpoena under Rule 45.1(b)(1), the clerk must promptly issue a signed but otherwise blank subpoena to the party requesting it, and that party must complete the subpoena before service.

(3) Content of Subpoena. A subpoena under Rule 45.1(b)(2) must:

(A) state the name of the issuing Arizona court;

(B) bear the caption and case number of the out-of-state case to which it relates, identifying (before the case number) the foreign jurisdiction and court where the case is pending;

(C) accurately incorporate the discovery requested in the foreign subpoena;

(D) contain or be accompanied by the names, addresses, telephone numbers, and email addresses of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel;

(E) be in the form required by Rule 45(a)(1); and

(F) comply with Rule 45’s other requirements.

(c) Service. A subpoena issued as provided in Rule 45.1(b) must be served in compliance with Rule 45(d).

(d) Deposition, Production, and Inspection. Rule 45 applies to subpoenas issued under Rule 45.1(b). Discovery taken under this rule must be conducted consistent with, and subject to applicable limits in, the Arizona Rules of Civil Procedure, except as follows:

(1) Rules 30(a)(1) (“Depositions Permitted”), 30(a)(2) (“Depositions by Plaintiff Earlier Than 30 Days After Serving the Summons and Complaint”), 30(a)(4) (“Compelling Attendance of Deponent”), and 30(d)(1) (“Duration”) do not apply; and

(2) Rule 30(c)(2) (“Objections”) applies, but counsel participating in the foreign action may object in the manner required to preserve objections in the jurisdiction where the action is pending, if those requirements differ from Rule 30(c)(2)’s requirements.

(e) Objections; Motion to Quash or Modify; Seeking Protective Order.

(1) Objections. Rule 45 governs the time and manner for objecting to subpoenas issued under this rule. Objections to a subpoena commanding attendance at a deposition must be made by timely motion under Rule 45(e)(2). Unless excused from doing so by the party or attorney serving a subpoena, a court order, or any other provision of Rule 45 or 45.1, a person who is properly served with a deposition subpoena must attend and testify at the date, time, and place specified in the subpoena.

(2) Motions to Quash, Modify, Compel, or for Protective Order. Motions to compel, or for a protective order, or to quash or modify a subpoena issued under this rule:

(A) must comply with Rule 45 and other applicable Arizona rules and statutes;

(B) must be filed with the clerk in the county where the discovery is to be conducted; and

(C) must be filed as a separate civil action bearing the same caption as appears on the subpoena. The following phrase must appear below the case number of the newly filed action: “Motion or Application Related to a Subpoena Issued Under Ariz. R. Civ. P. 45.1.” Any later motion or application relating to the same subpoena must be filed in the same action.