The Uniform Interstate Depositions and Discovery Act (“UIDDA”) was drafted and suggested to the Legislatures of the 50 states by the Uniform Law Commission (“ULC”) in 2007. Many uniform laws have been created by the ULC (and by the National Conference of Commissioners on Uniform State Laws). The general idea is/has been to offer or suggest a uniform law that will be adopted by all 50 states in the country. The most famous uniform law here in the U.S. is probably the Uniform Commercial Code.
In this respect, the UIDDA has been very successful since it has now been adopted by 48 states, most recently by Texas (although the Texas Supreme Court must still take action to operationalize the UIDDA).
Court Reporting and the Uniform Interstate Depositions and Discovery Act
For court reporting, the UIDDA has been one factor among many that has increased the number and prevalence of depositions being taken in other states. This trend has, in turn, impelled the increasing use of remote deposition methods and procedures creating some unique challenges and leading to the rise of excellent national court reporting services like Elizabeth Gallo Court Reporting, LLC. If you need out-of-state court reporting services or cross-state court reporting, call us here at (866) 689-1837. We accept orders via email, phone and via telefax at (866) 870-6032.
How does the UIDDA affect depositions?
The UIDDA distinguishes between what it calls the “trial-state” and the “discovery-state.” The former is where litigation has been filed and the latter is the state in which a deposition (or other discovery procedure) is needed. The UIDDA establishes uniform procedures whereby litigants can present a clerk of the court located in the discovery-state with a subpoena issued by a court in the trial-state. Under the UIDDA, when presented with such a trial-state subpoena, the discovery-state clerk of court will issue a subpoena — on the same terms as the trial-state subpoena — that will be valid and enforceable under the laws and local procedures of the discovery-state. In this manner, non-parties in the discovery-state are compelled to respond to the trial-state subpoena by their local and state laws. The UIDDA also gives the trial-state litigant issuing the subpoena the ability to seek enforcement of the subpoena under the discovery-state rules and laws.
The UIDDA also eliminates the need for things such as letters rogatory, commission or quasi-court actions, and/or the filing of various potential miscellaneous legal actions against third-party discovery targets, including individuals and corporations.
To protect residents of the discovery-state, the UIDDA requires that the discovery sought by the trial-state litigant comply with the rules of the discovery-state. Further, efforts by the targets of the trial-state subpoena can resist the discovery via motions to quash or to modify the subpoena issued. Resolutions of such motions are to be governed by the laws and rules of the discovery-state.
Contact Elizabeth Gallo Court Reporting Today
For more information, call the experienced court reporters at Elizabeth Gallo Court Reporting. We follow the best practices in order to provide excellent litigation support to our customers. Contact us today to learn about our services and how we can help you.
