RecordTrak is well-experienced in obtaining records from out-of-state providers using the Uniform Interstate Depositions and Discovery Act (“UIDDA”). What used to be an arduous process now requires no additional action from the issuing jurisdiction. The process is now handled entirely from the jurisdiction where discovery is sought.
The UIDDA provides efficient and inexpensive procedures to enable a party in one state to effectuate depositions of witnesses, discover documents or inspect premises in other states. The Act requires minimal judicial oversight and eliminates the need for obtaining a commission or local counsel in the discovery state, letters rogatory, or the filing of a miscellaneous action during the discovery phase of litigation. The goal of the Act is to simplify and standardize the current patchwork of procedures across the various states for taking discovery from an out-of-state provider.
The vast majority of states have adopted this uniform procedure (although a few have the added caveat that the issuing jurisdiction must have also have adopted the UIDDA).
RecordTrak handles this entire process for our clients. Over the last few years, we have obtained out-of-state discovery in many of the UIDDA states. Through this experience, we have gained knowledge regarding the specific procedures of various courts. On our client’s behalf, we obtain or draft the necessary paperwork, pay any fees to the out-of-state court clerk for the issuance of the subpoena and secure an enforceable out-of-state subpoena. We then properly serve the subpoena on the out-of-state provider and proceed to collect records as usual.
The process for our clients is almost identical to the process for subpoenaing records within the trial state because we take care of all the other details.