The Uniform Interstate Depositions and Discovery Act, UIDDA, became active in 2007. The Uniform Law Commission developed it to make out-of-state deposition and discovery easier. In other words, the act is a standardization of the process of issuing out-of-sate subpoenas.
Read below to learn more about the UIDDA and whether California has adopted it.
Why is the UIDDA Important?
Before the UIDDA, lawyers had to go through many procedures to issue out-of-state subpoenas for witnesses or evidence. They had to move between courts in two states – the state of trial and the state of discovery. Also, plaintiffs had to ask for help from lawyers from the state of discovery and issue letters rogatory.
There is now a smoother flow between UIDDA states — the procedure is less time-consuming, and costs are lower. This has helped the entire US judicial system, especially since most US states have accepted the act.
To be precise, 43 states have enacted it since 2007. The ones who haven’t are New Hampshire, Texas, Wyoming, Puerto Rico, and Massachusetts.
UIDDA in California
Issuing an out-of-state subpoena in California will be overseen by the California UIDDA Service. It is a standardized process. Though everything is more manageable, you will still need the help of professional service processors like Service Index LLC.
When issuing an out-of-state subpoena, the deposition party from California should send a copy of the subpoena to the court of the state of discovery or deposition. It must contain the terms from the foreign subpoena and other information like council names, telephone numbers, and addresses.
According to the UIDDA, in some situations, the party should cover the travel and expense fees of the out-of-state witnesses. In addition, you can’t force the witness to submit a deposition in California. Instead, you will have to do it in their county or reach an agreement on a location.
The process will be more complex if the state where the subpoena is issued hasn’t accepted the UIDDA or follows a different act like the UFDA. In that case, you will have to follow the rules of that state.
Issuing an Out-of-State Subpoena in California
Even though the UIDDA solved many issues for out-of-state discovery and depositions, navigating the field is still tricky, especially if you are in the middle of an important case.
As mentioned, the rules vary from state to state, are not fixed, and keep changing. So, each situation and case is unique. For instance, in cases of personal injury and wrongful death in California, the arbitrator can call upon non-party witnesses.
Trust Serve Index LLC for Seamless Issuing of Foreign Subpoenas in CA
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