2019 -- H 5708

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LC001741

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY

     

     Introduced By: Representatives McEntee, Kislak, Craven, McKiernan, and Blazejewski

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 9 of the General Laws entitled "COURTS AND CIVIL PROCEDURE

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- PROCEDURE GENERALLY" is hereby amended by adding thereto the following chapter:

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CHAPTER 18.1

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UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

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     9-18.1-1. Short title.

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     This chapter may be cited as the "Uniform Interstate Depositions and Discovery Act."

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     9-18.1-2. Definitions.

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     As used in this chapter:

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     (1) "Foreign jurisdiction" means a state other than this state.

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     (2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a

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foreign jurisdiction.

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     (3) "Person" means an individual, corporation, business trust, estate, trust, partnership,

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limited liability company, association, joint venture, public corporation, government, or

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governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

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     (4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

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United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of

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the United States.

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     (5) "Subpoena" means a document, however denominated, issued under authority of a

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court of record requiring a person to:

 

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     (i) Attend and give testimony at a deposition;

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     (ii) Produce and permit inspection and copying of designated books, documents, records,

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electronically stored information, or tangible things in the possession, custody, or control of the

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person; or

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     (iii) Permit inspection of premises under the control of the person.

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     9-18.1-3. Issuance of subpoena.

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     (a) To request issuance of a subpoena under this section, a party shall submit a foreign

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subpoena to:

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     (1) A clerk of the superior court in the county in which discovery is sought to be

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conducted in this state; or

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     (2) A lawyer who is a member in good standing of the bar of this state. A request for the

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issuance of a subpoena under this act does not constitute an appearance in the courts of this state.

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     (b) When a party submits a foreign subpoena to a clerk of the superior court in this state,

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the clerk, in accordance with the court's procedure, shall promptly issue a subpoena for service on

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the person to which the foreign subpoena is directed. When a party submits a subpoena to a

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lawyer who is a member in good standing of the bar of this state, the lawyer may issue a

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subpoena for service on the person to which the foreign subpoena is directed.

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     (c) A subpoena under subsection (b) of this section shall:

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     (1) Incorporate the terms used in the foreign subpoena;

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     (2) Contain or be accompanied by the names, addresses, telephone numbers, and email

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addresses of all counsel of record in the proceeding to which the subpoena relates and of any

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party not represented by counsel; and

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     (3) Otherwise be in a form that complies with the laws of this state.

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     9-18.1-4. Service of subpoena.

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     A subpoena issued under § 9-18.1-3 shall be served in compliance with the Rhode Island

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superior court rules of civil procedure.

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     9-18.1-5. Deposition, production, and inspection.

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     The Rhode Island superior court rules of civil procedure govern subpoenas issued under §

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9-18.1-3.

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     9-18.1-6. Application to court.

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     An application to the court for a protective order or to enforce, quash, or modify a

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subpoena issued under § 9-18.1-3 shall comply with the rules or statutes of this state and be

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submitted to the superior court in the county in which discovery is to be conducted.

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     9-18.1-7. Uniformity of application and construction.

 

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     In applying and construing this uniform act, consideration shall be given to the need to

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promote uniformity of the law with respect to its subject matter among states that enact it.

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     9-18.1-8. Application to pending actions.

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     This chapter applies to requests for discovery in cases pending on the effective date of

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this chapter.

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     SECTION 2. Section 9-18-11 of the General Laws in Chapter 9-18 entitled "Depositions"

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is hereby amended to read as follows:

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     9-18-11. Depositions for use in foreign tribunals.

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     Depositions may be taken in this state to be used on the trial of any cause pending in a

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tribunal of any other state, district, territory, or country, pursuant to chapter 18.1 of title 9 before

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any person residing in this state, to whom a commission shall be directed and sent by the tribunal,

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with the formalities prescribed in the commission, or, if there are none prescribed, then according

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to the laws of the jurisdiction whence the commission issues.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY

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     This act would adopt the uniform interstate depositions and discovery act, and would

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amend the current law regarding depositions taken for use in a foreign jurisdiction by referencing

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the new act.

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     This act would take effect upon passage.

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