A GUIDE TO USING THE UIDDA - ncids.com

1 A GUIDE TO USING THE UIDDA The Uniform Interstate Depositions and Discovery Act ( UIDDA ) is a useful way to request discoverable documents which are located in another state via subpoena duces tecum. While most states have adopted some form of UIDDA , others lag behind. As of February 2017, Massachusetts, Maine, Connecticut, Florida, Missouri, Nebraska, Texas, Wyoming and Puerto Rico have not enacted it. Some other states (such as Massachusetts) have rules which permit foreign states to request documents and other information in-state but do not use UIDDA language and may not be as complete as UIDDA . Legislation has been introduced in Arkansas. Where the party that maintains the record is a corporation with a registered NC agent, see the 2014 Formal Ethics Opinion about subpoenaing those records. HOW TO USE IT 1. Determine if the state where the record is located has adopted the UIDDA . See this list.

2 2. If so, prepare a NC Subpoena USING the AOC-G-100 form. State on the NC subpoena that it is not enforceable but is being provided for the purpose of obtaining a UIDDA subpoena. A request for the issuance of a subpoena under the UIDDA does not constitute an appearance in the courts of the state in which the record is maintained. 3. Send the NC subpoena, a draft subpoena which complies with the other state s rules of discovery, and a letter to the clerk of court where the record is maintained requesting that they issue the subpoena. Some states also have an application to submit along with those documents. The subpoena should contain the names, addresses, and phone numbers of all counsel of record and any party not represented by counsel. A clerk s office will usually have a web page explaining its forms and procedures that should be consulted in preparing the draft subpoena. 4. Remember that any motion directly affecting the subpoena (to quash, enforce, modify) is governed by the rules of the state where the subpoena will be issued.

3 Additionally, there is a presumption that the rules of discovery of the state where the subpoena is to be issued apply, though some states reverse this presumption. 5. Receive the requested documents. Again, it is important to understand that the subpoena submitted to the out-of-state clerk s office in the jurisdiction complies with their rules. A copy of the UIDDA is here and should be read in its entirety along with any statutes or local rule of the issuing state related to the adoption of the UIDDA . The ULC is a nonprofit formed in 1892 to create nonpartisan state legislation. Over 350 volunteer commissioners lawyers, judges, law professors, legislative staff, and others work together to draft laws ranging from the Uniform Commercial Code to acts on property, trusts and estates, family law, criminal law and other areas where uniformity of state law is desirable. NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS Uniform Law Commission 111 N.

4 Wabash Ave. Suite 1010 Chicago, IL 60602 (312) 450-6600 tel (312) 450-6601 fax A Few Facts about THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT PURPOSE: The Uniform Interstate Depositions and Discovery Act ( UIDDA ) provides simple procedures for deposing individuals and for producing discoverable documents when the individual or document is located out of state. ORIGIN: Completed by the Uniform Law Commission in 2007. APPROVED BY: American Bar Association; included in the Council of State Governments Suggested State Legislation 2010, Volume 69 ENACTED BY: Alabama, Alaska, Arizona, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Virgin Islands, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

5 VIWAORCANVAZUTIDMTWYCONMTXOKKSNESDNDMNIA MOARLAWIILINKYTNMIOHPAWVVANCSCGAALMSFLNY VTNHMEMARINJDEMDAKHIPRENACTEDINTRODUCED IN 2016 UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (2007)April 5, 2016 CTDC For further information about UIDDA , please contact ULC Legislative Counsel Kaitlin Dohse at (312) 450-6615 or UNIFORM INTERSTATE DEPOSITIONS ANDDISCOVERY ACTdrafted by theNATIONAL CONFERENCE OF COMMISSIONERSON UNIFORM STATE LAWSand by itAPPROVED AND RECOMMENDED FOR ENACTMENTIN ALL THE STATESat itsANNUAL CONFERENCEMEETING IN ITS ONE-HUNDRED-AND-SIXTEENTH YEARPASADENA, CALIFORNIAJuly 27 August 3, 2007 WITH PREFATORY NOTE AND COMMENTSC opyright 2007 ByNATIONAL CONFERENCE OF COMMISSIONERSON UNIFORM STATE LAWSA pril 3, 2008 ABOUT NCCUSLThe National Conference of Commissioners on Uniform State Laws (NCCUSL), also knownas Uniform Law Commission (ULC), now in its 116 year, provides states with non-partisan,thwell-conceived and well-drafted legislation that brings clarity and stability to critical areas ofstate statutory members must be lawyers, qualified to practice law.

6 They are practicing lawyers, judges,legislators and legislative staff and law professors, who have been appointed by stategovernments as well as the District of Columbia, Puerto Rico and the Virgin Islands toresearch, draft and promote enactment of uniform state laws in areas of state law whereuniformity is desirable and practical. ULC strengthens the federal system by providing rules and procedures that are consistentfrom state to state but that also reflect the diverse experience of the states. ULC statutes are representative of state experience, because the organization is made upof representatives from each state, appointed by state government. ULC keeps state law up-to-date by addressing important and timely legal issues. ULC s efforts reduce the need for individuals and businesses to deal with different lawsas they move and do business in different states. ULC s work facilitates economic development and provides a legal platform for foreignentities to deal with citizens and businesses.

7 Uniform Law Commissioners donate thousands of hours of their time and legal anddrafting expertise every year as a public service, and receive no salary or compensationfor their work. ULC s deliberative and uniquely open drafting process draws on the expertise ofcommissioners, but also utilizes input from legal experts, and advisors and observersrepresenting the views of other legal organizations or interests that will be subject to theproposed laws. ULC is a state-supported organization that represents true value for the states, providingservices that most states could not otherwise afford or COMMITTEE ON UNIFORM INTERSTATE DEPOSITIONS ANDDISCOVERY ACT The Committee appointed by and representing the National Conference of Commissioners onUniform State Laws in preparing this Act consists of the following individuals:RICHARD B. LONG, Box 2039, 20 Hawley St., East Tower, Binghamton, NY 13902,ChairFRANCISCO L.

8 ACEVEDO, Box 9023905, San Juan, PR 00902-3905 GEORGE H. BUXTON, III, 31 E. Tennessee Ave., Oak Ridge, TN 37830M. MICHAEL CRAMER, 4 Whisperwood Ct., Rockville, MD 20852 PATRICK DEBLASE, 8648 Wilshire Blvd., Beverly Hills, CA 90211-2910 TIMOTHY D. DEGIUSTI, 204 N. Robinson, Suite 1550, Oklahoma City, OK 73102 HARRY D. LEINENWEBER, District Court, 219 S. Dearborn St., Suite 1946, Chicago, IL60604 HAROLD E. MEIER, Box 491, Dayton, WY 82836 FREDERICK D. NELSON, Hamilton County Courthouse, 1000 Main St., Rm. 320, Cincinnati,OH 45202 DAVID T. PROSSER, JR., 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, Box210176, Tucson, AZ 85721-0176, ReporterEX OFFICIOHOWARD J. SWIBEL, 120 S. Riverside Plaza, Suite 1200, Chicago, IL 60606, PresidentDALE G. HIGER, 1302 Warm Springs Ave., Boise, ID 83712, Division ChairAMERICAN BAR ASSOCIATION ADVISORLIN HUGHES, 1300 Capitol Center, 919 Congress Ave.

9 , Austin, TX 78701, ABA AdvisorEXECUTIVE DIRECTORJOHN A. SEBERT, 211 E. Ontario St., Suite 1300, Chicago, IL 60611, Executive DirectorCopies of this Act may be obtained from:NATIONAL CONFERENCE OF COMMISSIONERSON UNIFORM STATE LAWS211 E. Ontario Street, Suite 1300 Chicago, Illinois 60611312 INTERSTATE DEPOSITIONS AND DISCOVERY ACT TABLE OF CONTENTSP refatory 1. SHORT 2. 3. ISSUANCE OF 4. SERVICE OF 5. DEPOSITION, PRODUCTION, AND 6. APPLICATION TO 7. UNIFORMITY OF APPLICATION AND 8. APPLICATION TO PENDING 9. EFFECTIVE INTERSTATE DEPOSITIONS AND DISCOVERY ACTP refatory of Uniform ActsThe National Conference of Commissioners on Uniform State Laws has twicepromulgated acts dealing with interstate discovery procedures. In 1920, the Uniform Foreign Depositions Act was adopted by NCCUSL. The pertinentsection of that act provides:Whenever any mandate, writ or commission is issued from any court of record in anyforeign jurisdiction, or whenever upon notice or agreement it is required to take thetestimony of a witness in this state, the witness may be compelled to appear and testify inthe same manner and by the same process as employed for taking testimony in matterspending in the courts of this UFDA was originally adopted in 13 states.

10 The states and territories which currentlyhave the act include Florida, Georgia, Louisiana, Maryland, Nevada, New Hampshire, Ohio,Oklahoma, South Dakota, Tennessee, Virginia, Wyoming, and the Virgin 1962, the Uniform Interstate and International Procedure Act was adopted byNCCUSL. The act was designed to supercede any previous interstate jurisdiction acts, includingthe UFDA, and was more extensive than the UFDA, having provisions on personal jurisdiction,service methods, deposition methods, and other topics. Section (a) of the act provides:[A court][The _____ court] of this state may order a person who is domiciled or is foundwithin this state to give his testimony or statement or to produce documents or otherthings for use in a proceeding in a tribunal outside this state. The order may be madeupon the application of any interested person or in response to a letter rogatory and mayprescribe the practice and procedure, which may be wholly or in part the practice andprocedure of the tribunal outside this state, for taking the testimony or statement orproducing the documents or other things.