Obtaining information from nonparties to a case can present procedural and practical difficulties for attorneys litigating in state court. When those nonparties reside outside the state where the action is pending, those difficulties can become especially challenging.
Unless, of course, the state where the nonparty resides has adopted the Uniform Interstate Depositions and Discovery Act (UIDDA). Promulgated by the Uniform Law Commission in 2007, the UIDDA sought to standardize and streamline the procedure for domesticating out-of-state subpoenas for use in civil discovery. Before widespread adoption of the UIDDA, attorneys seeking out-of-state discovery were often required to secure permission from authorities in two states—the “trial state” where the litigation was pending and the “discovery state” where the witness or documents were located—in a cumbersome process that involved commissions, letters rogatory, or the filing of miscellaneous actions.
