Uniform Interstate Depositions and Discovery Act (uidda)-Indiana

The Uniform Interstate Depositions and Discovery Act (UIDDA) Indiana was published in 2007 by the Uniform Law Commission (ULC). 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.

Under the UIDDA, a party seeking out-of-state discovery must meet certain requirements. As part of the process, the party may request that the court issue an order for discovery in the state where the case is being litigated, and the individual can also attach a foreign subpoena or other comparable documents to that order, such as an order by the court permitting discovery.

In line with the foreign state's discovery processes, the applicant should submit a UIDDA and Indiana subpoena that includes all needed components, including the names, addresses, and telephone numbers of all parties, whether they are represented by an attorney or acting on their own behalf. Once this is done, under the UIDDA and Indiana procedures of discovery in the state in which discovery is requested, a judge or clerk of the court will issue a subpoena.

BACKGROUND

A subpoena issued by a court in the trial state may be presented to a clerk of the court in the state where discoverable papers are sought under the UIDDA and Indiana rules. 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 UIDDA and Indiana service. There must be identical provisions in the issued subpoena and contact information for all attorneys of record and any party not represented by counsel in order to comply with the subpoena.

Since no commission or local counsel is required to assist in the discovery, letters of rogatory and miscellaneous actions need not be filed or obtained at this stage of litigation. There must be strict adherence to state law when subpoenaed evidence may be accessed. A subpoena issued under the UIDDA and Indiana law is subject to the regulations of the discovery state, including motions to dismiss, enforce, or alter it.

Parties wishing to obtain an Indiana discovery warrant predicated on an extraterritorial summons must submit the extraterritorially issued summons to the clerk of court in Indiana's county where discovery will be performed. It is not necessary to appear in court to seek a subpoena to be issued under the UIDDA and Indiana provisions.

A court clerk in Indiana must swiftly issue a subpoena to the individual to whom a foreign subpoena is addressed if the party requesting the subpoena submits the UIDDA and Indiana procedures. A subpoena issued must include the state embracing the foreign subpoena's conditions. A summons issued by a clerk of the court must be served in accordance with all relevant UIDDA and Indiana statutes regarding the service of a summons. 

Trial Rule 28 of the Indiana Rules of Civil Procedure helps plaintiffs from out-of-state secure the attendance of a witness or the production of documents. The motion must be submitted by an attorney licensed to practice in Indiana in Marion County Superior Courts. Subpoena and appearance forms are the only items that may be given by the Marion County Clerk's Office. 

REQUIREMENTS FOR DISCOVERY SUBPOENAS IN INDIANA

It is important to include a self-addressed, stamped envelope for the return of copies in the service of the process according to the UIDDA and Indiana. Subpoenas for depositions or discovery served outside the state are free of filing costs.  A request for a subpoena in aid of discovery must be made in time to facilitate the end of discovery fifteen days prior to the hearing date in order to comply with the UIDDA and Indiana. If the administrative law judge receives a request for a subpoena of a witness less than three (3) days before the hearing, the subpoena will be granted at the administrative law judge's discretion. Any individual who is not a party and is at least eighteen (18) years old may serve a subpoena as per the UIDDA and Indiana. 

UIDDA and Indiana process service on a person is accomplished by delivering a copy of the subpoena to the individual and, if applicable, paying witness costs and travel. Upon a motion by the person served with a subpoena or by a party, made immediately after delivery of the subpoena (but not shorter than the period provided in the subpoena for compliance), the administrative law judge may [A.] cancel or amend the subpoena if it is unjust and burdensome, or if other justifications are shown or [B.] condition rejection of the motion on payment by the party for whom the subpoena was issued of the fair expense of supplying the subpoenaed books, papers, or documents. Under appropriate UIDDA and Indiana conditions, the administrative law judge may act at any time after serving a copy of the motion to the person on whose behalf the subpoena was issued.

Each party must be supplied with notice, and a copy of the subpoena before the subpoena may be served on the person to whom it is addressed. There is no indication, as per the UIDDA and Indiana, as to how much notice is necessary. Third-party subpoenas must, however, take local regulations into account. 

A non-party may be served with an original copy of an order of subpoena one day after notice, and a copy of the order is served on each party, provided that the subpoena pertains to an issue listed for hearing within the seven-day timeframe or is a genuine emergency. A similar regulation does not exist in the Northern District of Indiana.

UIDDA IN INDIANA

A subpoena issued by the court in which the litigation is being litigated (the "foreign jurisdiction") should be served on the local clerk of the court in accordance with the UIDDA and Indiana. To serve the person or organization named in the international subpoena, the clerk, upon receipt of the foreign subpoena, will issue a subpoena with UIDDA and Indiana provisions that are identical to those included in that document, as well as the names and contact information for all lawyers of record and any unrepresented parties.

The method laid forth in Indiana Trial Rule 28 is not superseded by the UIDDA and Indiana. To serve the non-party with a subpoena, litigants can ask the court to direct the clerk to obtain an order from the foreign jurisdiction (typically called a commission or letters rogatory) and then file that order with a motion to assist an out-of-state litigant in the Indiana jurisdiction where the non-party resides. 

The UIDDA does vary from Indiana Trial Rule 28's procedure. A commission or letters rogatory from the foreign jurisdiction are no longer required to be submitted to an Indiana court in addition to the UIDDA and Indiana. To comply with the UIDDA and Indiana, plaintiffs may bring a valid subpoena issued in a foreign jurisdiction straight to a clerk of an Indiana court, whose clerk may issue it for service without any intervention from the judge. Because the commission no longer requires an out-of-state plaintiff to submit a motion to assist, the litigant does not need to hire an Indiana counsel at the beginning of the case.

The problem is that the clerk of the court may not be acquainted with the UIDDA and Indiana, despite the fact that it seems straightforward. When litigants want to use UIDDA, they should contact the court clerk to get permission. To keep track of what is going on, the clerk might request a miscellaneous action be filed even if the Act does not mandate the establishment of a case file. The clerk may even direct the litigant to file a request to assist an out-of-state litigant as the vehicle to begin the action and demand payment of a filing fee, despite the fact that UIDDA was meant to circumvent such hurdles. 

To avoid the clerk's participation entirely, a petitioner under UIDDA could hire an Indiana attorney to serve the subpoena on their behalf. This is what lawyers normally do in Indiana civil cases. Legal counsel could often be considered an officer of the court under Trial Rule 45, which gives them the authority to issue subpoenas. The UIDDA, on the other hand, may not go quite that far, although this has yet to be shown in court. The UIDDA says that "a party must submit the international subpoena to the clerk of court." There is no mention of the participation of an attorney in the legislation. Second, Rule 45 restricts an attorney's ability to serve subpoenas to those cases in which the attorney has appeared for the serving party. Because of this, Rule 45 does not allow the Indiana attorney to serve a subpoena without the assistance of the clerk unless the Indiana attorney has appeared for the party in the foreign jurisdiction (which is conceivable but rare).

UIDDA has been implemented by more than half of the states. To ascertain if UIDDA has been adopted in the other state, Indiana litigants who seek evidence or documents from a non-party residing there should check to see whether the more conventional commission/letters rogatory approach is used. As a result, Rule 28's process may be more appropriate than UIDDA's in certain cases. 

GENERAL REQUIREMENTS OF A SUBPOENA IN INDIANA

To be valid, a subpoena must include the following information: [A.]  the name of the court from which it was issued; [B.] the name of the case and the docket number; [C.] a command to each person to whom it is directed to appear and testify; [D.] the text of rules and [E.]  the time and location of the appearance and testimony (5).

To determine the format of electronically recorded information, a command may be specified as either a combination or a subset of another command. A subpoena requiring an individual to appear at a hearing, deposition, or trial may contain a second subpoena requiring the individual to provide 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.

 The responding party must allow examination, copying, testing, or sampling of the materials in order to comply with a subpoena's request for the production of documents or electronically stored information.

To a party that demands it, the clerk must issue a subpoena that is signed but otherwise blank. Before serving, that party must finish it. Oral or written requests are acceptable methods of making a request. The court has the authority to issue and sign subpoenas issued by an attorney licensed or otherwise authorized to practice law in Iowa.

To serve a subpoena, a person must be at least 18 years of age and not be a party to the case. A subpoena is served by delivering a copy of the summons to the person listed and, if the summons demands the individual's appearance, presenting the fees for one day's attendance and travel costs to and from the court. The notice must be given to each party before a subpoena may be issued if it demands that they provide papers, electronically stored information, or physical goods before a trial can begin.

Indiana

Uniform Interstate Depositions and Discovery Act Adopted - 2010
Bill Number: HB 1350 Sponsor Foley
IN. CODE § 34-44.5-1-6 (2016)
Indiana Courts Click Here

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Sources

1. A witness called by a subpoena issued according to this section is entitled to the same mileage and witness fees as a witness in Indiana state court proceedings. Fees owed to a subpoenaed witness should be paid by the party seeking the subpoena or, if the administrative law judge deems that a party is unable to pay the fees, by the ICRC.

2. According to Local Rule 45-1 of the Southern District of Indiana, "Service of Subpoena on Non-Parties — Notice Requirement: If a subpoena to produce or permit is to be served upon a nonparty, a copy of the proposed subpoena must be served on all other parties at least seven days prior to service of the subpoena on the nonparty, unless parties agree to a different time frame or the case management plan provides otherwise.".