How the UIDDA Streamlines Discovery

Issuing a subpoena out of state is no longer a procedural hurdle for civil litigation teams.

Since 2007, the Uniform Interstate Depositions and Discovery Act (UIDDA) has allowed for more efficient out-of-state discovery, eliminating the need to hire local attorneys to file requests for discovery in other states, saving time and money.

How Does the UIDDA Work?

The goal of the UIDDA is to relieve the administrative burden of essential out-of-state discovery for civil litigation cases in state courts.

Suppose someone who lives in Delaware files a lawsuit, but a key witness, business, or records custodian lives in Pennsylvania?

Under the UIDDA, the plaintiff’s attorney doesn’t have to submit letters rogatory to subpoena a witness or records custodian who lives in Pennsylvania since it’s regarded as a “discovery state.” The legal team is free to hire a Serve Index Pennsylvania subpoena service without previous administrative hurdles.

Pennsylvania is one of 47 states that have fully adopted the UIDDA. Out-of-state civil litigation teams don’t have to navigate the local legal system of the subpoenaed party’s state.

However, as of now, there are three states that haven’t fully adopted the UIDDA, such as Massachusetts, Missouri, and New Hampshire. Civil litigation teams have to jump through more local legal hoops during the discovery process.

When Does the UIDDA Apply?

Only active cases can trigger the UIDDA. Under the UIDDA, the party in the active trial state may subpoena evidence from a non-party where the evidence exists.

A non-party is not the defendant in the suit. A non-party may be a witness, a corporation, or a records custodian, such as:

• Criminal Offender Record Information (CORI) Custodians
• Medical Records Custodians
• HR Managers
• University Departmental Administrators
• Financial Records Custodians

The UIDAA is restricted to civil litigation cases only and does not apply to criminal legal proceedings.

What Is the Step-by-Step Process?

Out-of-state discovery under the UIDDA doesn’t require judges’ signatures or formal motions, which can prolong the process. Instead, legal teams can go primarily through court clerks.

First, an attorney drafts a foreign subpoena in the active trial state. The foreign subpoena is submitted to the out-of-state court clerk where the witnesses or documents are located.

Once the local court clerk receives the foreign subpoena, they will issue a local subpoena. Newly-issued local subpoenas must contain the names, addresses, and contact information for all involved legal counsel, for transparency reasons.

The process server is now free to deliver the subpoena.

Key Considerations

While the UIDDA simplifies out-of-state discovery, it recognizes the legal systems of discovery states. Process servers must comply with the discovery state’s rules for timing, location, and decorum.

Subpoenas issued under the UIDDA aren’t considered formal court appearances. Motions to quash or protective orders can arise, which sends the matter to the discovery state’s local court.

Streamline Your Discovery With the UIDDA

Know that the UIDDA is there to relieve the administrative burden of out-of-state discovery. However, it’s critical to understand the local legal system of discovery states to avoid potential discovery hurdles.

Stay up to date with the UIDDA and monitor for updates, including states that are poised to adopt the law.