Uniform Interstate Depositions And Discovery Act

The Delaware Uniform Interstate Depositions and Discovery Act provides a process through which litigants in actions pending outside of Delaware may conduct depositions or access information in Delaware.  The Act simplifies past practice and permits litigants to conduct discovery without requiring a commission or the commencement of a miscellaneous action.  Rather than filing for a commission or commencing a miscellaneous action, an out-of-state litigant may file their out- of-state subpoean with the Prothonotary's office and request the issuance of a similar Delaware subpoena to be issued and served her.  The Act, and the process for discovery, may be found in 10 Del. C. § 4311.  Litigants using this process should also be mindful of the Superior Court Rules of Civil Procedure, including Rule 45 regarding service of supoenas.