UNDERSTANDING THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT AND DOMESTICATING OUT OF STATE SUBPOENAS

By: Akanksha A. Panicker

Preparing and serving outstate subpoenas can seem like a mystery. The Uniform Interstate Depositions and Discovery Act (UIDDA), was enacted purely to unravel this web, however, providing a simplified procedure for parties in an action in one state to obtain records or depose parties located in another. 

In 2007, the Uniform Law Commission promulgated the Uniform Interstate Depositions and Discovery Act (UIDDA) to streamline the arduous, time-consuming process of conducting out-of-state discovery for state court cases. The UIDDA provides a standardized means for litigants to take depositions and obtain discovery from individuals and entities located out of state. To do so, a litigant must primarily obtain a subpoena from the originating state court, which must then be presented to the clerk in the county where discovery is sought. Upon doing so, a local subpoena for service is issued by the clerk. 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.

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