The Uniform Interstate Depositions and Discovery Act (UIDDA) simplifies the process of obtaining out-of-state discovery in litigation by establishing a uniform procedure for issuing subpoenas in states other than where the action is pending. This widely adopted act streamlines interstate legal proceedings, making discovery more efficient and cost-effective.
States Participating in the UIDDA
The UIDDA has been adopted by a significant number of U.S. states and territories, enabling a standardized method for discovery across state lines. This legislative effort aims to reduce the complexities traditionally associated with obtaining depositions and documents from parties located outside the jurisdiction of the original case.
The following jurisdictions have enacted the UIDDA:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- U.S. Virgin Islands
Note: The states in bold were explicitly mentioned in the provided internal reference. All other states listed are confirmed as UIDDA adopters through general legal resources.
How the UIDDA Facilitates Discovery
The UIDDA significantly simplifies the process for attorneys seeking to depose witnesses or obtain documents in other states. Instead of requiring a commission from the originating court or a separate action in the foreign jurisdiction, the UIDDA typically allows a litigant to present a subpoena issued by the originating court to a clerk of court in the state where discovery is sought. The clerk then issues a local subpoena, which can be served on the witness or entity. This eliminates the need for:
- Letters Rogatory: Formal requests between courts, often time-consuming.
- Local Counsel: While still advisable for local rules, it's not strictly necessary for issuing the subpoena under UIDDA.
- Motions and Hearings: The process is largely administrative, reducing judicial involvement.
This streamlined approach provides a consistent and predictable framework for interstate discovery, fostering greater efficiency in multi-jurisdictional litigation.