This is a follow up post to a previous post that I had regarding the Uniform Interstate Depositions and Discovery Act. Beth Weisser is an Associate in the Philadelphia office of Fox Rothschild LLP. Her practice focuses on complex commercial litigation, with an emphasis on white collar compliance and defense work. Beth has significant experience with pre-trial and trial proceedings in both state and federal courts. Over the years, Beth has been asked by attorneys from other jurisdictions to assist them with seeking discovery in Pennsylvania for actions that are pending in other jurisdictions. She recently wrote an article about a relatively new law in Pennsylvania designed to simplify that process.
Pennsylvania has joined a growing number of states that have adopted the Uniform Interstate Depositions and Discovery Act ("UIDDA"). Promulgated by the Uniform Law Commission in 2007 and codified at 42 Pa. C.S. §§ 5331-37, the UIDDA establishes an efficient and inexpensive procedure for out-of-state attorneys attempting to serve subpoenas in Pennsylvania for discovery to be used in an action pending in another state. A prefatory note to the UIDDA explains that the rules governing foreign depositions in every state differ in significant ways. For example, some states restrict the use of foreign depositions to judicial proceedings, while others permit their use for any proceeding. Some states permit subpoenas to cover testimony or documents and other physical things while other states limit production to documents. All of these nuances make out-of-state, third-party discovery confusing, costly and time-consuming. Moreover, such discovery is increasingly common in today's litigation environment. According to the Uniform Law Commission, the UIDDA is intended to improve on current state procedures in four ways: (1) efficiency; (2) expense; (3) minimized judicial oversight; and (4) clear rules regarding discovery. Read the full article.
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