Uniform Interstate Depositions and Discovery Act-Iowa
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 Iowa.
Uniform Interstate Depositions and Discovery Act Adopted – 2013
Bill Number: Court Rule
Iowa R. Civ. P. 1.1702 (2)
Iowa Judicial Branch https://www.iowacourts.gov/iowa-courts
Rule 1.1702 – Uniform interstate depositions and discovery
1. 1702(1)Definitions. In this rule:
a. “Foreign jurisdiction” means a state other than Iowa.
b. “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.
c. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
d. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
e. “Subpoena” means a document, however denominated, issued under authority of a court of record of Iowa requiring a person to:
(1) Attend or give testimony at a deposition;
(2) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
(3) Permit inspection of premises under the control of the person.
1. 1702(2)Issuance of subpoena.
a. To obtain issuance of a subpoena under this rule, a party to a proceeding in a foreign jurisdiction must either:
(1) request a signed, blank subpoena from the clerk of an Iowa court in the county in which discovery is to be conducted pursuant to rule 1.1701(2); or
(2) arrange for an attorney who is retained by that party and who is licensed or otherwise authorized to practice law in Iowa to issue and sign the subpoena as an officer of the court pursuant to rule 1.1701(2). Obtaining and completing a subpoena under rule 1.1702 does not constitute an appearance in the courts of this state.
b. When a party submits a foreign subpoena to a clerk of court in this state, the clerk, pursuant to rule 1.1701(2), shall provide the party with a subpoena that is signed but otherwise blank.
c. A subpoena under this rule must:
(1) Comply with rule 1.1701(1), provided, however, that for purposes of rule 1.1701(1)(a)
(1), the Iowa court, in the county in which discovery is to be conducted, shall be listed as the court from which the subpoena is issued, and for purposes of rule 1.1701(1)(a)(2), the title of the action and its docket number from the foreign jurisdiction shall be used;
(2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel; and
(3) Include a copy of the foreign subpoena as an attachment.
d. Form 13 or Form 15 of rule 1.1901 may be used and shall be sufficient under this rule, so long as the form includes the information required by rule 1.1702(2)(c), and a copy of the foreign subpoena is attached as required by rule 1.1702(2)(c)(3).
1. 1702(3)Service of subpoena. A subpoena issued under rule 1.1702(2) must be served in compliance with rule 1.1701(3).
1. 1702(4)Deposition, production, and inspection. Rule 1.1701(4)-(7) applies to subpoenas issued under rule 1.1702(2).
1. 1702(5)Court file and docket number. An attorney may issue a subpoena without an Iowa court file being opened or a docket number assigned. If action is taken pursuant to rule 1.1702(2)(b), the clerk shall open a court file and collect a $50 fee. If action is taken pursuant to rule 1.1702(6) and a file has not previously been opened, the clerk shall open a file and collect a $50 fee.
1. 1702(6)Motion to court. A motion to the court for a protective order or to enforce, quash, or modify a subpoena issued under rule 1.1702(2) must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted. Any fee paid in connection with the filing of a motion under rule 1.1702(6) shall be recoverable by the successful party against the losing party. In addition, the provisions of rule 1.517 apply to motions brought under this rule. An attorney who files such a motion or a resistance thereto must be eligible to appear in the courts of Iowa.
Iowa. R. Civ. P. 1.1702