D R A F T
FOR DISCUSSION ONLY
INTERSTATE DEPOSITIONS AND
DISCOVERY OF DOCUMENTS ACT
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
For Drafting Committee Meeting, March 17-19, 2006
Without Prefatory Note and Comments
Copyright ©2006
By
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
The ideas and conclusions set forth in this draft, including the proposed statutory language and any comments or reporter’s notes, have not been passed upon by the National Conference of Commissioners on Uniform State Laws or the Drafting Committee. They do not necessarily reflect the views of the Conference and its Commissioners and the Drafting Committee and its Members and Reporter. Proposed statutory language may not be used to ascertain the intent or meaning of any promulgated final statutory proposal.
DRAFTING COMMITTEE ON INTERSTATE DEPOSITIONS AND DISCOVERY OF DOCUMENTS ACT The Committee appointed by and representing the National Conference of Commissioners on Uniform State Laws in preparing this Interstate Depositions and Discovery of Documents Act consists of the following individuals:
RICHARD B. LONG, P.O. Box 2039, 20 Hawley St., East Tower, Binghamton, NY 13902, Chair
FRANCISCO L. ACEVEDO, P.O. Box 9023905, San Juan, PR 00902-3905
GEORGE H. BUXTON, III, 31 E. Tennessee Ave., Oak Ridge, TN 37830
M. MICHAEL CRAMER, 4 Whisperwood Ct., Rockville, MD 20852
PATRICK DEBLASE, 8648 Wilshire Blvd., Beverly Hills, CA 90211-2910, Enactment Plan Coordinator
TIMOTHY D. DEGIUSTI, 204 N. Robinson, Suite 1550, Oklahoma City, OK 73102
HARRY D. LEINENWEBER, U.S. District Court, 219 S. Dearborn St., Suite 1946, Chicago, IL 60604
HAROLD E. MEIER, Box 491, Dayton, WY 82836
FREDERICK D. NELSON, Hamilton County Courthouse, 1000 Main St., Rm. 380, Cincinnati, OH 45202
DAVID T. PROSSER, JR., P.O. Box 1688, Madison, WI 53701
KAREN ROBERTS WASHINGTON, 2929 Carlisle, Suite 250, Dallas, TX 75204
THOMAS A. MAUET, University of Arizona, James E. Rogers College of Law, P.O. Box 210176, Tucson, AZ 85721-0176, Reporter
EX OFFICIO
HOWARD J. SWIBEL, 120 S. Riverside Plaza, Suite 1200, Chicago, IL 60606, President
DALE G. HIGER, 1302 Warm Springs Ave., Boise, ID 83712, Division Chair
AMERICAN BAR ASSOCIATION ADVISOR
LIN HUGHES, 1300 Capitol Center, 919 Congress Ave., Austin, TX 78701
EXECUTIVE DIRECTOR
WILLIAM H. HENNING, University of Alabama School of Law, Box 870382, Tuscaloosa, AL 35487-0382, Executive Director
Copies of this Act may be obtained from:
NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS
211 E. Ontario Street, Suite 1300
Chicago, Illinois 60611
312/915-0195
www.nccusl.org
INTERSTATE DEPOSITIONS AND DISCOVERY OF DOCUMENTS ACT
TABLE OF CONTENTS
INTERSTATE DEPOSITIONS AND DISCOVERY OF DOCUMENTS ACT
[SECTION 1. Whenever any subpoena [or subpoena duces tecum] is issued from any court of record in any foreign jurisdiction, commanding the person [or entity] to whom it is directed to attend and give testimony at a deposition, or to produce and permit inspection and copying of designated books, documents or tangible things in the possession, custody or control of that person [or entity], or to permit inspection of premises, at a time and place therein specified, and that person [or entity] is a resident or is located within this state, upon presentment of such subpoena [and notice of deposition with proof of service] the clerk of the court, in the county or district in which that person [or entity] to whom the subpoena is directed resides or is located [or: where discovery is to be conducted], shall forthwith issue a subpoena directed to that person [or entity] with identical terms.
SECTION 2. Service of this subpoena [and notice of deposition with proof of service][on the person or entity] shall be made in accordance with the laws of this state.
SECTION 3. Motions to enforce, quash, or modify this subpoena, and motions directed to issues regarding service of this subpoena, shall be presented in the court in the county or district in which the person [or entity] to whom the subpoena is directed resides or is located [or: where discovery is to be conducted], and shall be made in accordance with the laws of this state.
SECTION 4. The [time, place, and manner of the] deposition shall be taken [or production or inspection made] in accordance with the laws of this state.
SECTION 5. Motions made during the taking of the deposition, and motions regarding the production of books, documents or tangible things, or the inspection of premises, shall be presented in the court in the county or district in which the person [or entity] to whom the subpoena is directed resides or is located, and shall be made in accordance with the laws of this state.]
[SECTION 1. Whenever any subpoena [or subpoena duces tecum] is issued from any court of record in any foreign jurisdiction, commanding the person [or entity] to whom it is directed to attend and give testimony at a deposition, or to produce and permit inspection and copying of designated books, documents or tangible things in the possession, custody or control of that person [or entity], or to permit inspection of premises, at a time and place therein specified, and that person [or entity] is a resident or is located within this state, such subpoena shall be enforceable in this state.
SECTION 2. The lawyer or party seeking enforcement of a foreign subpoena in this state shall present to the clerk of the court, in the county or district in which that person [or entity] to whom the subpoena is directed resides or is located [or: where discovery is to be conducted], the foreign subpoena [and notice of deposition with proof of service].
SECTION 3. The clerk of the court, upon receipt of the foreign subpoena [and notice of deposition with proof of service], shall forthwith issue a subpoena directed to that person [or entity] with identical terms.
SECTION 4. Service of this subpoena [and notice of deposition with proof of service] on the person [or entity] shall be made in accordance with the laws of this state.
SECTION 5. The [time, place, and manner of the] deposition shall be taken [or production or inspection made] in accordance with the laws of this state.
SECTION 6. The person [or entity] that has been served with a subpoena [and notice of deposition with proof of service] under this act, and any party to the litigation, shall have the same rights as if the litigation were pending in this state.
SECTION 7. Motions to enforce, quash, or modify this subpoena, and motions directed to issues regarding service of this subpoena, shall be presented in the court in the county or district in which the person [or entity] to whom the subpoena is directed resides or is located [or: where discovery is to be conducted], and shall be made in accordance with the laws of this state.
SECTION 8. Motions made during the taking of the deposition, and motions regarding the production of books, documents or tangible things, or the inspection of premises, shall be presented in the court in the county or district in which the person [or entity] to whom the subpoena is directed resides or is located, and shall be made in accordance with the laws of this state.]