Verdict - Fall 2015 - (Page 39)

> FeatUre story Getting Out-of-State Evidence: Domesticating a Subpoena BY alYssa Baskam Counsel files an action in Georgia. But counsel needs to take the deposition of Aly from Alabama, a nonparty witness. Counsel asks Aly if she will voluntarily submit to a deposition, and Aly says no. The Georgia court cannot make Aly testify, since she lives in another state. How does counsel compel Aly to testify? By domesticating a subpoena. d omesticating a sub- in 1962, the NCCuSL adopted the uniform (c) A subpoena under subsection (b) must: poena is a common interstate and international Procedure Act, (A) incorporate the terms used in the hurdle in the state court which superseded the uFdA and provided foreign subpoena; and (B) Contain or be litigation process.1 more extensive procedural detail for inter- accompanied by the names, addresses, and While an action may be state discovery. it was withdrawn in 1977 and telephone numbers of all counsel of record generally local - with not replaced until 2007, when the NCCuSL in the proceeding to which the subpoena counsel and parties all situated within the drafted the uniform interstate deposition and relates and of any party not represented court's jurisdiction - that does not by any discovery Act ("uiddA"), patterned after rule by counsel. means guarantee that every person or entity 45 of the Federal rules of Civil Procedure. 2 the the uiddA also provides the following must relevant to discovery will also be local. [And, uiddA provides a simple clerical procedure be in compliance with the issuing state's stat- of course, lawsuits are filed all the time in one whereby a subpoena from the state where an utes and/or rules of civil procedure: (1) service jurisdiction against a defendant residing in action was filed can be used to compel discov- of the subpoena; (2) compliance with the sub- another jurisdiction, pursuant to state long- ery testimony in another state. the uiddA 3 was poena; and (3) application to the court for a arm statutes.] A state's subpoena powers created, according to the NCCuSL "to set forth protective order or to enforce, quash, or modify do not extend beyond the state's borders, a procedure that can be easily and efficiently the subpoena. See Sections 4-7 of the uiddA. so counsel must domesticate a subpoena followed, that has a minimum of judicial over- Following the creation of the uiddA, the to reach any relevant third parties residing sight and intervention that is cost-effective procedure for domesticating a subpoena outside of the state. for the litigants, and is fair to the deponents." begins with the initial threshold question of the uiddA procedure for issuing a subpoena whether both states (the state of the action is as follows: and the resident state of the relevant person the National Conference of Commissioners on uniform State Laws ("NCCuSL") first promulgated an act regarding interstate dis- (a) to request issuance of a subpoena or entity) recognize the uniform interstate covery procedures in 1920 with the uniform under this section, a party must submit a deposition and discovery Act or ("uiddA"). Foreign depositions Act ("uFdA"), which foreign subpoena to a clerk of court in the determining the answer to this threshold provided that: [county, district, circuit, or parish] in which question requires counsel to examine both Whenever any mandate, writ or commis- discovery is sought to be conducted in this states' promulgated procedures. sion is issued from any court of record state. A request for the issuance of a sub- in any foreign jurisdiction, or whenever poena under this act does not constitute upon notice or agreement it is required an appearance in the courts of this state. UNIFOrM INTErSTATE DEPOSITION to take the testimony of a witness in this (b) When a party submits a foreign sub- AND DISCOvErY ACT state, the witness may be compelled to poena to a clerk of court in this state, the Georgia adopted the uiddA in 2013, and it appear and testify in the same manner clerk, in accordance with that court's pro- can be found at o.C.G.A. § 24-13-110 et seq. and by the same process as employed cedure, shall promptly issue a subpoena however, both the state in which the action for taking testimony in matters pending for service upon the person to which the is pending and the state in which discovery is in the courts of this state. foreign subpoena is directed. STATES THAT HAvE ADOPTED THE continued on page 42 Fall 2015 39

Table of Contents for the Digital Edition of Verdict - Fall 2015

President’s Message
What’s New at HQ
Tips for Selecting and Implementing a New Case Management System
How I Obtained Justice for My Client
What You Need to Know About Mass Torts & Multidistrict Litigation
London Calling: Navigating the Waters When Taking a Deposition Overseas
Ethical and Practical Considerations of Co-Counseling
Avoiding Landmines: Identifying, Locating and Serving the Non-U.S. Corporate Defendant
Powerful Weapons: Public-Private Alliances Between State Attorneys General and Private Lawyers
Multidistrict Litigation: Friend or Foe?
Civil Lawyers Against World Sex Slavery
Getting Out-of-State Evidence: Domesticating a Subpoena
New Lawyers’ Corner: Five Tips for Hanging your Shingle
Case Updates: What’s New?
Workers’ Comp Updates
Champion Members
Welcome New GTLA Members!
Index to Advertisers

Verdict - Fall 2015