Uniform Interstate Depositions and Discovery Act-Oregon

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 Oregon.

Oregon
Uniform Interstate Depositions and Discovery Act Adopted – 2011
Bill Number: Court Rule
OR.R. CIV. P. 38(c); OR. UNIF. TRIAL CT. R. 5.140(1)(c)
Oregon Judicial Department https://www.courts.oregon.gov/Pages/default.aspx

In addition to standard Uniform Interstate Deposition and Discovery Act requirements, Oregon Rule of Civil Procedure 38(C) requires the Oregon subpoena to substantially conform to the format requirements of Oregon Rule of Civil Procedure Rule 55, and permits any Oregon licensed attorney to assist the clerk in drafting the subpoena. ORCP 38(C)(2)(b)–(c). Meanwhile, Uniform Trial Court Rule 5.140 provides clarification on what you should submit to the court, including an original and two copies of a fully completed Oregon subpoena, and a declaration and request for issuance of subpoena that substantially adheres to Form 5.140.1c in the Uniform Trial Court Rules Appendix of Forms, which affirms that (1) the foreign subpoena was issued by a court of record of a state, as “state” is defined in Oregon Rule of Civil Procedure 38(C)(1)(b); (2) that the Oregon subpoena complies with the Oregon Rules of Civil Procedure; and (3)that the fully completed Oregon subpoena contains the contact information of all attorneys of record and self-represented parties. Or. Unif. Trial Ct. R. 5.140(1)(c).