S.B. 205

1

UNIFORM INTERSTATE DEPOSITIONS AND
2 DISCOVERY ACT
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Lyle W. Hillyard
6 House Sponsor: Stephen H. Urquhart
7
8 LONG TITLE
9 General Description:
10 This bill establishes a process for a party residing in another state that is involved in a
11 civil case in Utah to issue and serve subpoenas in Utah.
12 Highlighted Provisions:
13 This bill:
14 . establishes definitions and defines the scope of the bill;
15 . authorizes issuance and service of subpoenas by out-of-state parties under certain
16 circumstances;
17 . clarifies the application of certain Utah statutes and court rules relating to issuance,
18 service, and enforcement of subpoenas;
19 . establishes criteria for interpreting and applying this uniform law; and
20 . establishes May 5, 2008 as the date when this uniform law applies to discovery
21 requests in pending cases.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 ENACTS:

28 78-63-101, Utah Code Annotated 1953
29 78-63-102, Utah Code Annotated 1953
30 78-63-103, Utah Code Annotated 1953
31 78-63-201, Utah Code Annotated 1953
32 78-63-202, Utah Code Annotated 1953
33 78-63-203, Utah Code Annotated 1953
34 78-63-204, Utah Code Annotated 1953
35 78-63-301, Utah Code Annotated 1953
36 78-63-302, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 78-63-101 is enacted to read:
40 CHAPTER 63. UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT
41 Part 1. General Provisions
42 78-63-101. Title.
43 This chapter is known as the "Utah Uniform Interstate Depositions and Discovery Act."
44 Section 2. Section 78-63-102 is enacted to read:
45 78-63-102. Definitions.
46 As used in this chapter:
47 (1) "Foreign jurisdiction" means a state other than Utah.
48 (2) "Foreign subpoena" means a subpoena issued under authority of a court of record of
49 a foreign jurisdiction.
50 (3) "Person" means an individual, corporation, business trust, estate, trust, partnership,
51 limited liability company, association, joint venture, public corporation, government or
52 governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
53 (4) "State" means a state of the United States, the District of Columbia, Puerto Rico,
54 the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular
55 possession subject to the jurisdiction of the United States.
56 (5) "Subpoena" means a document, however denominated, issued under authority of a
57 court of record requiring a person to:
58 (a) attend and give testimony at a deposition;

59 (b) produce and permit inspection and copying of designated books, documents,
60 records, electronically stored information, or tangible things in the possession, custody, or
61 control of the person; or
62 (c) permit inspection of premises under the control of the person.
63 Section 3. Section 78-63-103 is enacted to read:
64 78-63-103. Scope -- Unauthorized practice of law prohibited -- Reciprocity
65 required.
66 (1) Except as provided in Subsection (3), this chapter applies only to issuance, service,
67 and enforcement of subpoenas as provided in this chapter.
68 (2) Except as provided in Subsection 78-63-201 (1)(b), nothing in this chapter may be
69 construed to exempt an attorney from another state from complying with statutes and rules
70 governing unauthorized practice of law or from the requirements contained in the Utah Rules
71 of Civil Procedure governing limited appearance.
72 (3) Parties resident in another state may use the provisions of this chapter for issuance,
73 service, or enforcement of subpoenas only if the other state has enacted this uniform act or
74 enacted provisions substantially similar to this uniform act.
75 Section 4. Section 78-63-201 is enacted to read:
76 Part 2. Process for Issuance and Service of a Subpoena by a Party in Another State
77 78-63-201. Issuance of subpoena.
78 (1) (a) To request issuance of a subpoena under this section, a party must submit a
79 foreign subpoena to a court in the judicial district in which discovery is sought to be conducted
80 in Utah.
81 (b) A request for the issuance of a subpoena under this chapter does not constitute an
82 appearance in the courts of this state.
83 (2) When a party submits a foreign subpoena to a clerk of court in Utah, the clerk, in
84 accordance with that court's procedure, shall promptly issue a subpoena for service upon the
85 person to whom the foreign subpoena is directed.
86 (3) A subpoena under Subsection (2) must:
87 (a) incorporate the terms used in the foreign subpoena; and
88 (b) contain or be accompanied by the names, addresses, and telephone numbers of all
89 counsel of record in the proceeding to which the subpoena relates and of any party not

90 represented by counsel.
91 Section 5. Section 78-63-202 is enacted to read:
92 78-63-202. Service of subpoena.
93 A subpoena issued by a clerk of court under Section 78-63-201 must be served in
94 compliance with Rule 4 and Rule 5, Utah Rules of Civil Procedure.
95 Section 6. Section 78-63-203 is enacted to read:
96 78-63-203. Depositions, production, inspection, and contempt remedies for
97 subpoenas.
98 Section 78-32-1 and Utah Rules of Civil Procedure 26 through 37 and 45 apply to
99 subpoenas issued under Section 78-63-201 .
100 Section 7. Section 78-63-204 is enacted to read:
101 78-63-204. Application to court.
102 An application to the court for a protective order or to enforce, quash, or modify a
103 subpoena issued by a clerk of court under Section 78-63-201 must comply with the rules or
104 statutes of Utah and be submitted to the court in the judicial district in which discovery is to be
105 conducted.
106 Section 8. Section 78-63-301 is enacted to read:
107 Part 3. Uniform Application and Construction - Application to Pending Actions
108 78-63-301. Uniformity of application and construction.
109 In applying and construing this uniform act, consideration must be given to the need to
110 promote uniformity of the law with respect to its subject matter among states that enact it.
111 Section 9. Section 78-63-302 is enacted to read:
112 78-63-302. Application to pending actions.
113 This chapter applies to requests for discovery in cases pending on May 5, 2008.




Legislative Review Note
as of 2-5-08 9:44 AM

Office of Legislative Research and General Counsel