Uniform Interstate Depositions and Discovery Act-UIDDA DC

As a result of the UIDDA, subpoenas issued by courts in other jurisdictions are subject to the District of Columbia's new set of procedural standards. States that have accepted the UIDDA DC require "[a]ny motion practice linked with the discovery subpoena, such as a motion to enforce or quash a subpoena, to take place in the discovery state and is controlled by [the] discovery state's legislation." 

The courts have concluded that subpoenas must be executed or contested in the court where they were issued, even if the UIDDA has not been invoked in the case. When a subpoena is issued, it must be quashed by the court that issued it. To quash the subpoena, the District of Columbia court must have issued it.

BACKGROUND

A foreign subpoena is a subpoena issued by a court in a jurisdiction that is not affiliated with the home state. In order to get documents or depositions from non-parties in another state, the applicant must obtain a foreign subpoena as per the District of Columbia UIDDA Service.

Foreign subpoenas might be very time-consuming as well as costly.  Additionally, it is important to check to see whether the documents sought are considered public records as per the District of Columbia UIDDA Service. As long as the District of Columbia UIDDA Service documents is public information, it is unnecessary to copy anybody else on them when requesting them via a Freedom of Information Act (FOIA) or Public Information Act (PIA) request.

It is also good practice to acquire an authorization signed by the plaintiff/patient if the documents are not public information. Whether a PIA or FOIA request does not yield permission or the documents needed, it should also be a simple matter to check to see if the organization has a resident agent in the state. These individuals can be contacted to inquire about their willingness to accept a foreign subpoena. Foreign subpoenas may be accepted by certain District of Columbia UIDDA Service providers.

UNDERSTANDING THE UIDDA

The UIDDA is a model act that was developed to provide a consistent procedure for getting depositions and discovery in collaboration with other member states. UIDDA has been adopted by the majority of states, but not all of them.

When preparing a subpoena, it is vital to find out where the summons must be issued in order to get the District of Columbia UIDDA Service documents or serve the individual required to be deposed. Once determined where the subpoena must be served, it should be a matter of priority to locate a court in that city/state that handles the same sort of District of Columbia UIDDA Service case.

In order to receive a foreign subpoena, the District of Columbia UIDDA Service's knowledge of where the court is located and what its protocol is for obtaining a foreign subpoena is vital. It is also important to determine the various District of Columbia UIDDA Service paperwork required to comply with the UIDDA. There are variations in court processes even within the same state, and some courts may reject a subpoena because of a simple District of Columbia UIDDA Service mistake.

In certain jurisdictions, a commission, Letters Rogatory, or an Order from the court will be required before the UIDDA may be implemented. Regardless, it is necessary to prepare the draft and submit it to the District of Columbia court. Subpoena requests may be submitted to an out-of-state court once it has been granted, received back, and returned. Depending on the court, it might be necessary to employ a business in the out-of-state state to help with submitting paperwork of this kind. Once the out-of-state subpoena has been received, the next step is to issue it.

Receiving the stamped summons from the out-of-state court, it is then important to issue the summons together with all of the usual District of Columbia UIDDA Service documentation that accompanies the subpoenas for the sort of discovery sought after.

In order to guarantee that the subpoena conforms with state law, the local District of Columbia UIDDA Service requirements in the state where the discovery is being (i.e. number of days before a deposition that the subpoena needs to be served, distance required for a deponent to travel to appear at a deposition, fees to be paid to a deponent, etc) should be kept in mind.

It may take weeks or even months for the foreign court to return the subpoena. However, delays may even occur before the return of the subpoena, since acquiring a commission or order from the court before the applicant can obtain a subpoena from a foreign deponent is also laborious. It is also advised to use a FedEx-labeled envelope to return the stamped subpoena so that the District of Columbia UIDDA Service can be tracked and received on time.

FOREIGN SUBPOENA IN DISTRICT OF COLUMBIA

A foreign subpoena must be submitted to the Clerk of the Superior Court in order for a subpoena to be issued under District of Columbia UIDDA Service clauses. Subpoenas issued in this format do not actually require a person to appear in court in the District of Columbia. The clerk of the Superior Court must quickly issue a subpoena for District of Columbia UIDDA Service on the person to whom a foreign subpoena is intended, in accordance with the Rules of the Superior Court.

A subpoena must include or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the action to which the subpoena applies and of any party not represented by counsel; and the language used in the foreign summons.

 The Superior Court may compel the attendance of witnesses by attachment. At the request of any party, subpoenas for attendance at a hearing or trial in the Superior Court will be issued by the clerk of court. A subpoena may be served at any place within the District of Columbia, or at any place without the District of Columbia that is within twenty-five miles of the place of the hearing or trial specified in the subpoena]. The form, issuance, and manner of the District of Columbia UIDDA Service of the subpoena are advised by the rules of the District of Columbia court.

A subpoena in a criminal case in which a felony is charged may be served at any place within the United States upon order of a judge of the court. The rules of the Superior Court applicable to compliance with subpoenas to attend and give testimony produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises apply to subpoenas issued.

The Superior Court and District of Columbia law mandate that an application to the Superior Court for a protective order or to enforce, quash, or amend an order issued by a clerk of court must be presented to the Superior Court.

Rule 13-443 of the Superior Court and District of Columbia law mandate that an application to the Superior Court for a protective order or to enforce, quash, or alter a subpoena issued by a clerk of court under 13-443 be made to the Superior Court.

SERVICE OF A FOREIGN SUBPOENA

Courts in one state may easily issue subpoenas for out-of-state depositions and document requests thanks to the Uniform Interstate Depositions and Discovery Act (UIDDA). Subpoenas may be served domestically in states that recognize the Uniform Interstate Deposition and Disclosure Act (UIDDA) As a first step, the lawyer determines whether the UIDDA has been adopted by the state in question. The chart published by the Uniform Law Commission shows which states have adopted the UIDDA by legislation or judicial rule.

As stated in the UIDDA, plaintiffs must provide a clerk of the trial court in the state where discoverable papers are sought, with a subpoena issued by the trial court. To serve the subpoena, the clerk is required to issue a subpoena for District of Columbia UIDDA Service to the person or entity to whom it was originally addressed, according to the clerk's instructions.

In order for the District of Columbia, UIDDA Service to be similar between states that have implemented the UIDDA, it must be recognized by both states. Over thirty states have approved the Uniform Interstate Deposition and Discovery Act to make the procedure as simple as feasible. 

Foreign subpoenas are sent to a clerk in the state where the deposition or discovery is to be held in accordance with the UIDDA. This District of Columbia UIDDA Servicprocedure is then followed by the clerk issuing a subpoena for service in accordance with court rules. Attorneys may also domesticate subpoenas from other states without having to go through the judicial system in those jurisdictions.

It is necessary to adhere to the state's rules of civil procedure while serving the subpoena. Subpoenas must be accompanied by payment of any witness fees that may be owed. A subpoena is prepared according to the norms of the trial state when the UIDDA is in effect there.

It is vital to contact the clerk's office in the county or district where the witness to be deposed resides in the state where the case is being litigated. The lawyer acquires and completes a copy of the subpoena form to be used in the discovery phase (this form and instructions are accessible on the clerk's website). 

There is no need for courts in the discovery state to judge the legality of the subpoena unless the witness requests a protective order. An important distinction is that a subpoena request made under the UIDDA does not imply a witness's attendance in the state in which they now reside.

UIDDA adoptions differ from state to state, thus attorneys should be aware of this. Many states require specific wording to be included on each subpoena, and all of them stipulate the material that must be submitted by counsel before the clerk is entitled to issue a subpoena in a case. Reciprocity is required in certain states like Virginia.

SERVICE OF A FOREIGN SUBPOENA IN STATES NOT ADHERING TO UIDDA

The procedure of domesticating a subpoena in states that do not recognize the UIDDA is different. In general, a District of Columbia UIDDA Service request to have the subpoena issued by the court where the subpoena is to be served must be lodged with the local court. In most cases, this entails presenting an application, a petition, and any supporting papers to the court. A formal petition may be required in certain instances, and some jurisdictions even mandate that the petition be filed by a licensed attorney.

Contact the local court in these states in order to receive the domestication processes for out-of-state proceedings, since they may differ from one court to the next. Removal to federal court makes it simpler to conduct discovery in instances where there is federal issue jurisdiction or diversity of jurisdiction. 

By removing the requirement to file a separate case with the court, the UIDDA speeds the District of Columbia UIDDA Service procedure of obtaining subpoenas in foreign jurisdictions. UIDDA no longer requires attendance in court in the case of requests for a foreign subpoena. As a result, applicants gain from UIDDA by avoiding the expense of starting a case and hiring local counsel.

Under UIDDA, a completed subpoena issued from the state where the lawsuit is ongoing might theoretically be presented to the Clerk of the Court for the region where discovery is requested (the discovery state) (the foreign subpoena). Using the information from the international subpoena, the Clerk then issues a subpoena from the discovery state, and the subpoena may be served in any way permitted in the discovery state.

D.C. Code sections 13-441 through 13-448 have been included in the District of Columbia's version of UIDDA. Despite its similarity to the standard wording, the court said in Charca-Lupaca stated that the subpoena from the lawsuit state must be accompanied by a full subpoena for the District of Columbia. Medical records are an exception to UIDDA's accelerated method of subpoena issuance, according to the Court.

District of Columbia

Uniform Interstate Depositions and Discovery Act Adopted - 2010 Bill Number: B18-426 - Sponsor Mendelson
D.C Code § 13-443
District of Columbia Courts https://www.dccourts.gov

To request issuance of a subpoena, a party shall submit a foreign subpoena to the Clerk of the Superior Court. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of the District of Columbia.

When a party submits a foreign subpoena to the Clerk of the Superior Court, the clerk, in accordance with the Rules of the Superior Court, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

for assistance domesticating and serving a subpoena

Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives" - Foster, William A

Sources

1. It is worth noting that in Quinn v. Eighth Judicial District Court in & for Cty. of Clark, the Nevada Supreme Court awarded the plaintiff 410 P.3d 984, 988 UIDDA dictates which circuit court may issue a subpoena based on the location where it will be performed.")

2. Flax, 740 N.E.2d 351, 354 (Fisher Brewing Co. v.) (Ohio 2000

3. Call the provider to find out where subpoenas are issued in order to get medical records if needed

4. i.e. Notice to Take Deposition, Notice to Patient, Notice of Service, Health General Article, etc

5. Florida, Massachusetts, Maine, Missouri, Nebraska, New Hampshire, Ohio, Oklahoma, Puerto Rico, Rhode Island, Texas, West Virginia, and Wyoming are among the states that have not yet enacted or recognized the Uniform Interstate Deposition and Discovery Act

6. Currently, the subpoena has been issued and is ready for service. Lawyers in the discovery state engage process servers (or local lawyers) to take the summons to clerks, issue it, and serve it to witnesses.

7. The 'privilege' of the shortened procedure only applies "if the jurisdiction where the case is proceeding has legislated a comparable privilege to people in [Virginia]," according to the Virginia Uniform Interstate Deposition and Discovery Act.

8. Charca-Lupaca v. Maza, D.C. Super Ct. No. 2010 CA 6934 2

9. Under D.C. Code 14-307, subpoenas requiring medical records will not be given unless the party seeking them appears in court and demonstrates that they should be provided.