In 2007 an act was signed that made out of state discovery much easier, prior to the promulgation of the act it was often necessary to engage out of state council to arrange for a subpoena and serve it on the person to be deposed. In many, but not all states, this process of deposing a witness who resides out of state has become far less complicated.
What is known as the Uniform Interstate Depositions & Discovery Act makes it far less complicated and less costly to litigate a case that crosses state lines. There are many times when a witness to an act is not a party to the case, as a witness he or she will be called upon by the trial court to give testimony or present documents that support one side or the other in the case. When the action and the witness are both in the same state, rarely are there a problem, this is often not the case when the court is in one state and the witness is in another.
How does interstate depositions and discovery in Nevada work?
With the introduction of the UIDDA the process of interstate discovery takes only one step. The party that is requesting the subpoena now only has to request the clerk of court in the trial jurisdiction, the clerk simply issues the subpoena. As long as the state where the deposition will take place also has adopted the UIDDA there is no need for two court orders.
The process that is usually followed when both states recognize the UIDDA is:
A subpoena is submitted to the clerk of court in the state where the deposition will be conducted, the clerk of court issues a subpoena in compliance with the procedure of the out of state court, this is the subpoena that is served on the deposer.
Upon receipt of the subpoena, any testimony, documentation or other records must be taken or obtained following the rules of the state where discovery takes place.
There are different rules for arranging interstate depositions and discovery in Nevada when the other state has not adopted the UIDDA.
