Uniform Interstate Depositions and Discovery Act-Indiana

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 Indiana.

Indiana
Uniform Interstate Depositions and Discovery Act Adopted – 2010
Bill Number: HB 1350 Sponsor Foley
IN. CODE ยง 34-44.5-1-6 (2016)
Indiana Courts https://www.in.gov/judiciary/

ARTICLE 44.5. EVIDENCE: UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

IC 34-44.5-1

Chapter 1. Uniform Interstate Depositions and Discovery Act

IC 34-44.5-1-1

“Foreign jurisdiction”
Sec. 1. As used in this chapter, “foreign jurisdiction” means a state other than Indiana.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-2

“Foreign subpoena”
Sec. 2. As used in this chapter, “foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-3

“Person”
Sec. 3. As used in this chapter, “person” means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-4

“State”
Sec. 4. As used in this chapter, “state” means any of the following:

(1) A state of the United States.

(2) The District of Columbia.

(3) Puerto Rico.

(4) The United States Virgin Islands.

(5) A federally recognized Indian tribe.

(6) Any territory or insular possession subject to the jurisdiction of the United States.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-5

“Subpoena”
Sec. 5. As used in this chapter, “subpoena” means a document, however denominated, issued under authority of a court of record that requires a person to:

(1) attend and give testimony at a deposition;

(2) produce and allow inspection and copying of designated:

(A) books; (B) documents;

(C) records;

(D) electronically stored information; or

(E) other tangible things;

in the possession, custody, or control of the person; or

(3) allow inspection of premises under the control of the person.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-6

Subpoena; request; issuance; contents
Sec. 6. (a) To request issuance of a subpoena under this chapter that is based on a foreign subpoena, a party must submit the foreign subpoena to the clerk of the court in the county in which discovery is sought to be conducted in Indiana. A request for the issuance of a subpoena under this chapter does not constitute an appearance in a court of this state.

(b) When a party submits a foreign subpoena to the clerk of a court in Indiana, the clerk, in accordance with the court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(c) A subpoena issued under subsection (b) must:

(1) incorporate the terms used in the foreign subpoena; and

(2) contain or be accompanied by the names, addresses, and telephone numbers of the following:

(A) All counsel of record in the proceeding to which the subpoena relates.

(B) Any party not represented by counsel.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-7

Service of subpoena
Sec. 7. A subpoena issued by a clerk of the court under section 6 of this chapter must be served in compliance with all applicable laws concerning service of a subpoena in Indiana.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-8

Application of Indiana laws
Sec. 8. All applicable Indiana law concerning compliance with subpoenas to:

(1) attend and give testimony;

(2) produce designated books, documents, records, electronically stored information, or other tangible things; or

(3) allow inspection of premises;

applies to subpoenas issued under section 6 of this chapter.

As added by P.L.57-2010, SEC.1. Amended by P.L.42-2011, SEC.72.

IC 34-44.5-1-9

Applications for protective orders and subpoenas; submission to court Sec. 9. An application to a court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under section 6 of this chapter must:

(1) comply with all applicable Indiana laws; and

(2) be submitted to a court in the county in which discovery is to be conducted.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-10

Consideration for uniformity of the law
Sec. 10. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Interstate Depositions and Discovery Act.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-11

Application
Sec. 11. This chapter applies to requests for discovery in cases:

(1) pending on July 1, 2010; or

(2) filed after June 30, 2010.

As added by P.L.57-2010, SEC.1.