Chapter 4A. Interstate Depositions and Discovery; Uniform Act.


  • Current through October 23, 2012
  • This chapter may be cited as the "Uniform Interstate Depositions and Discovery Act".

    (May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    Law 18-147, the "Uniform Interstate Depositions and Discovery Act of 2010", was introduced in Council and assigned Bill No. 18-426, which was referred to the Committee on Public Safety and the Judiciary.  The bill was adopted on first and second readings on February 2, 2010, and March 2, 2010, respectively. Signed by the Mayor on March 18, 2010, it was assigned Act No. 18-330 and transmitted to both Houses of Congress for its review.   D.C. Law 18-147 became effective on May 22, 2010.

    Uniform Law

    This section is based upon § 1 of the Uniform Interstate Depositions and Discovery Act. See Vol. 13, Pt. II, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.

  • Current through October 23, 2012 Back to Top
  • For the purposes of this chapter, the term:

    (1) "Foreign jurisdiction" means a state other than the District of Columbia.

    (2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.

    (3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

    (4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

    (5) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:

    (A) Attend and give testimony at a deposition;

    (B) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or

    (C) Permit inspection of premises under the control of the person.

    (6) "Superior Court" means the Superior Court of the District of Columbia.

    (May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 18-147, see notes following § 13-441.

    Uniform Law

    This section is based upon § 2 of the Uniform Interstate Depositions and Discovery Act. See Vol. 13, Pt. II, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.

  • Current through October 23, 2012 Back to Top
  • (a) To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to the Clerk of the Superior Court. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of the District of Columbia.

    (b) When a party submits a foreign subpoena to the Clerk of the Superior Court, the clerk, in accordance with the Rules of the Superior Court, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

    (c) A subpoena under subsection (b) of this section shall:

    (A) Incorporate the terms used in the foreign subpoena; and

    (B) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

    (May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 18-147, see notes following § 13-441.

    Uniform Law

    This section is based upon § 3 of the Uniform Interstate Depositions and Discovery Act. See Vol. 13, Pt. II, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.

  • Current through October 23, 2012 Back to Top
  • A subpoena issued by a Clerk of Superior Court under § 13-443 shall be served in compliance with § 11-942 and applicable rules of the Superior Court for the service of subpoenas.

    (May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 18-147, see notes following § 13-441.

    Uniform Law

    This section is based upon § 4 of the Uniform Interstate Depositions and Discovery Act. See Vol. 13, Pt. II, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.

  • Current through October 23, 2012 Back to Top
  • The rules of the Superior Court applicable to compliance with subpoenas to attend and give testimony, produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises apply to subpoenas issued under § 13-443.

    (May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 18-147, see notes following § 13-441.

    Uniform Law

    This section is based upon § 5 of the Uniform Interstate Depositions and Discovery Act. See Vol. 13, Pt. II, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.

  • Current through October 23, 2012 Back to Top
  • An application to the Superior Court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under § 13-443 shall comply with the Rules of the Superior Court and laws of the District and shall be submitted to the Superior Court.

    (May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 18-147, see notes following § 13-441.

    Uniform Law

    This section is based upon § 6 of the Uniform Interstate Depositions and Discovery Act. See Vol. 13, Pt. II, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.

  • Current through October 23, 2012 Back to Top
  • In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

    (May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 18-147, see notes following § 13-441.

    Uniform Law

    This section is based upon § 7 of the Uniform Interstate Depositions and Discovery Act. See Vol. 13, Pt. II, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.

  • Current through October 23, 2012 Back to Top
  • This chapter applies to requests for discovery in cases pending on [May 22, 2010].

    (May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 18-147, see notes following § 13-441.

    Uniform Law

    This section is based upon § 8 of the Uniform Interstate Depositions and Discovery Act. See Vol. 13, Pt. II, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.

  • Refs & Annos

    jurisdiction
    laws
    effective date
    statutory citation
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    2008, c. 231
    1-1-2010
    west's ann.cal.c.c.p. §§ 2029.100 to 2029.900.
    colorado
    2008, c. 68
    8-5-2008
    c.r.s.a. §§ 13-90.5-101 to 13-90.5-107.
    delaware
    2010, c. 374
    7-12-2010
    10 del.c. § 4311.
    district of columbia
    2010, 18-147
    5-22-2010
    d.c. official code, 2001 ed. §§ 13-441 to 13-448.
    idaho
    7-1-2009
    i.r.c.p., rule 45(i).
    indiana
    p.l.57-2010
    6-30-2010
    west's a.i.c. 34-44.5-1-1 to 34-44.5-1-11.
    kansas
    laws 2010, ch. 135
    7-1-2010
    k.s.a. 60-228a.
    kentucky
    2008, c. 114
    7-15-2008
    krs § 421.360.
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    2008, c. 41
    10-1-2008
    code, courts and judicial proceedings, §§ 9-401 to 9-407.
    mississippi
    2011, c. 347
    7-1-2011
    miss. code ann., §§ 11-59-1 to 11-59-15.
    nevada
    2011, c. 10
    10-1-2011
    nrs, §§ 53.100 to 53.200.
    new mexico
    8-7-2009
    nmra, rule 1-045.1.
    new york
    2010, c. 29
    1-1-2011
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    north carolina
    2011-247
    12-1-2011
    ncgsa, §§ 1f-1 to 1f-7.
    south carolina
    2010, act 132
    3-30-2010
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    7-1-2008
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    code 1950, §§ 8.01-412.8 to 8.01-412.15.
    [FN*] date of approval.