Chapter 190 |
2019 -- H 5708 Enacted 07/15/2019 |
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 |
It is enacted by the General Assembly as follows: |
SECTION 1. Title 9 of the General Laws entitled "COURTS AND CIVIL PROCEDURE |
- PROCEDURE GENERALLY" is hereby amended by adding thereto the following chapter: |
CHAPTER 18.1 |
UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT |
9-18.1-1. Short title. |
This chapter may be cited as the "Uniform Interstate Depositions and Discovery Act." |
9-18.1-2. Definitions. |
As used in this chapter: |
(1) "Foreign jurisdiction" means a state other than this state. |
(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a |
foreign jurisdiction. |
(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, |
limited-liability company, association, joint venture, public corporation, government, or |
governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. |
(4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the |
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of |
the United States. |
(5) "Subpoena" means a document, however denominated, issued under authority of a |
court of record requiring a person to: |
(i) Attend and give testimony at a deposition; |
(ii) Produce and permit inspection and copying of designated books, documents, records, |
electronically stored information, or tangible things in the possession, custody, or control of the |
person; or |
(iii) Permit inspection of premises under the control of the person. |
9-18.1-3. Issuance of subpoena. |
(a) To request issuance of a subpoena under this section, a party shall submit a foreign |
subpoena to: |
(1) A clerk of the superior court in the county in which discovery is sought to be |
conducted in this state; or |
(2) A lawyer who is a member in good standing of the bar of this state. A request for the |
issuance of a subpoena under this act does not constitute an appearance in the courts of this state. |
(b) When a party submits a foreign subpoena to a clerk of the superior court in this state, |
the clerk, in accordance with the court's procedure, shall promptly issue a subpoena for service on |
the person to which the foreign subpoena is directed. When a party submits a subpoena to a |
lawyer who is a member in good standing of the bar of this state, the lawyer may issue a |
subpoena for service on the person to which the foreign subpoena is directed. |
(c) A subpoena under subsection (b) of this section shall: |
(1) Incorporate the terms used in the foreign subpoena; |
(2) Contain or be accompanied by the names, addresses, telephone numbers, and email |
addresses of all counsel of record in the proceeding to which the subpoena relates and of any |
party not represented by counsel; and |
(3) Otherwise be in a form that complies with the laws of this state. |
9-18.1-4. Service of subpoena. |
A subpoena issued under § 9-18.1-3 shall be served in compliance with the Rhode Island |
superior court rules of civil procedure. |
9-18.1-5. Deposition, production, and inspection. |
The Rhode Island superior court rules of civil procedure govern subpoenas issued under § |
9-18.1-3. |
9-18.1-6. Application to court. |
An application to the court for a protective order or to enforce, quash, or modify a |
subpoena issued under § 9-18.1-3 shall comply with the rules or statutes of this state and be |
submitted to the superior court in the county in which discovery is to be conducted. |
9-18.1-7. Uniformity of application and construction. |
In applying and construing this uniform act, consideration shall be given to the need to |
promote uniformity of the law with respect to its subject matter among states that enact it. |
9-18.1-8. Application to pending actions. |
This chapter applies to requests for discovery in cases pending on the effective date of |
this chapter. |
SECTION 2. Section 9-18-11 of the General Laws in Chapter 9-18 entitled "Depositions" |
is hereby amended to read as follows: |
9-18-11. Depositions for use in foreign tribunals. |
Depositions may be taken in this state to be used on the trial of any cause pending in a |
tribunal of any other state, district, territory, or country, pursuant to chapter 18.1 of title 9 this |
title before any person residing in this state, to whom a commission shall be directed and sent by |
the tribunal, with the formalities prescribed in the commission, or, if there are none prescribed, |
then according to the laws of the jurisdiction whence the commission issues. |
SECTION 3. This act shall take effect upon passage. |
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LC001741 |
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