Uniform Interstate Depositions and Discovery Act-Michigan
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 Michigan.
Uniform Interstate Depositions and Discovery Act Adopted – 2013
Bill Number: SB 707 Sponsor Schuitmaker
MICH.COMP. LAWS § 600.2201
Sample Subpoena https://courts.michigan.gov/Administration/SCAO/Forms/courtforms/cc11a.pdf
Guidance Oakland County clerk https://www.oakgov.com/clerkrod/court-records/Pages/out-ofstate-subpoena.aspx
Michigan Courts https://courts.michigan.gov/Pages/default.aspx
Effective April 1, 2013, 2012 PA 362 amends the Revised Judicature Act and incorporates the Uniform Interstate Depositions and Discovery Act at MCL 600.2201 et seq. This act establishes the process for requesting issuance of a discovery subpoena in Michigan for a case pending in another state. The request for a subpoena does not create a new case, so no case-type code should be assigned and no filing fee should be collected.
The key provisions in the public act include:
Requests for subpoenas under this act must be made in the circuit court in the county in which discovery is sought to be conducted. Discovery may be sought in a county where a person lives, works, transacts business, or is found.
When a party submits an out-of-state subpoena to the clerk of the Michigan circuit court, the clerk must promptly issue a subpoena to be served on the person who is the subject of the foreign subpoena. The court’s general procedures for requesting and issuing subpoenas should be followed.
The Michigan subpoena must incorporate the terms of the out-of-state subpoena, and must contain the names, addresses, and telephone numbers of all counsel of record and any party not represented by counsel.
A motion requesting a protective order or an order to enforce, quash, or modify a subpoena issued under 2012 PA 362 must be filed in accordance with the Michigan Court Rules. The party filing the motion must pay a motion fee under MCL 600.2529 and MCR 2.119(G).
2012 PA 362 is effective for any case pending on April 1, 2013