Out-of-state discovery is increasingly becoming a necessity. It is a time-consuming process, and litigants have to find ways to facilitate and speed up obtaining documents from another state.
Luckily, the 2007-developed UIDDA offers lawyers the needed help standardizing the process of reaching out-of-state evidence or witnesses. However, there are still some states that are yet to adopt it.
But what exactly is the UIDDA? Does it help those who are building a case with the use of out-of-state resources? Read on to learn more about how UIDDA affects foreign subpoena process.
What Is the UIDDA?
The Uniform Interstate Depositions and Discovery Act (or UIDDA) harmonizes the subpoena process for out-of-state witness depositions and document requests through a set of procedures.
Before the UIDDA, litigants were exposed to numerous expenses and a time-consuming and stressful process to get what they needed. They had to get court permission from the trial state and undergo additional costs of hiring another lawyer from the state where the witness or the evidence was located. With the UIDDA, this has changed.
How Does It Work?
Today, litigation between UIDDA-compliant states is facilitated by a process called domesticating the subpoena. Lawyers submit a subpoena to the court of jurisdiction where the case is located.
The court then issues one with the same terms, which after that needs to be presented to a county clerk in the state where the discovery is sought. When the clerk issues a local subpoena, it is then ready to be served through process servers located in the state.
Check for UIDDA Compliance
What remains an open issue is that litigants must check whether the state where the case is located and the state where the discovery is conducted are UIDDA-compliant. Some states have only partially adopted the UIDDA, and others have only recently adopted it and are trying to implement it.
It is crucial to research UIDDA compliance to have an efficient and smooth process. If you cannot do this, hire professionals who have a long experience in serving out-of-state subpoenas.
Does the UIDDA Help the Case?
Because of its simplicity and widespread adoption, the UIDDA has been extremely useful for those filing lawsuits across state lines. However, always note that there are differences in local regulations.
This is important to know and be prepared when drafting valid subpoenas to domesticate. While UIDDA has simplified the process of securing out-of-state subpoenas, it is crucial to understand how to navigate through the process and use it to your advantage.
Choose Professionals for Your Out-of-State Subpoena
Professional process servers like Serve Index LLC know how to process and deliver an out-of-state subpoena. We have established a complete network of collaborators in all states across the country that you can always rely on.
Serve Index LLC is here to offer our professional process services when you file an out-of-state lawsuit. Contact us at [email protected] or through other available methods on our site and get more information about how we can help.
