Connecticut 2013 Regular Session

Connecticut House Bill HB06584 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 6584
2	2	January Session, 2013 LCO No. 4126
3	3	04126_______JUD
4	4	Referred to Committee on JUDICIARY
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 6584
11	11
12	12	January Session, 2013
13	13
14	14	LCO No. 4126
15	15
16	16	04126_______JUD
17	17
18	18	Referred to Committee on JUDICIARY
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
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24	24	AN ACT CONCERNING THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT.
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26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. (NEW) (Effective January 1, 2014) Sections 1 to 6, inclusive, of this act, may be cited as the "Uniform Interstate Depositions and Discovery Act".
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30	30	Sec. 2. (NEW) (Effective January 1, 2014) As used in this section and sections 3 to 6, inclusive, of this act:
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32	32	(1) "Foreign jurisdiction" means a state other than the state of Connecticut;
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34	34	(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction;
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36	36	(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;
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38	38	(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; and
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40	40	(5) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to: (A) Attend and give testimony at a deposition; (B) 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 (C) permit inspection of premises under the control of the person.
41	41
42	42	Sec. 3. (NEW) (Effective January 1, 2014) (a) To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to a clerk of a court in the judicial or probate district, as the case may be, in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this section does not constitute an appearance in the courts of this state.
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44	44	(b) When a party submits a foreign subpoena to a clerk of a court in this state, the clerk, in accordance with such court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
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46	46	(c) A subpoena issued under subsection (b) of this section shall: (1) Incorporate the terms used in the foreign subpoena; and (2) contain or be accompanied by the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
47	47
48	48	(d) A subpoena issued by a clerk of a court pursuant to this section shall comply with the requirements of section 52-148e of the general statutes.
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50	50	Sec. 4. (NEW) (Effective January 1, 2014) The provisions of sections 52-148a to 52-152, inclusive, of the general statutes and sections 52-156 to 52-158, inclusive, of the general statutes shall apply to subpoenas issued under section 3 of this act.
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52	52	Sec. 5. (NEW) (Effective January 1, 2014) An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of a court, under section 3 of this act, shall comply with the rules of court and the general statutes of this state and shall be submitted to the court in the judicial or probate district, as the case may be, in which discovery is to be conducted in this state.
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54	54	Sec. 6. (NEW) (Effective January 1, 2014) In applying and construing the provisions of the Uniform Interstate Depositions and Discovery Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact such uniform provisions.
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56	56	Sec. 7. Section 52-155 of the general statutes is repealed. (Effective January 1, 2014)
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61	61	This act shall take effect as follows and shall amend the following sections:
62	62	Section 1 January 1, 2014 New section
63	63	Sec. 2 January 1, 2014 New section
64	64	Sec. 3 January 1, 2014 New section
65	65	Sec. 4 January 1, 2014 New section
66	66	Sec. 5 January 1, 2014 New section
67	67	Sec. 6 January 1, 2014 New section
68	68	Sec. 7 January 1, 2014 Repealer section
69	69
70	70	This act shall take effect as follows and shall amend the following sections:
71	71
72	72	Section 1
73	73
74	74	January 1, 2014
75	75
76	76	New section
77	77
78	78	Sec. 2
79	79
80	80	January 1, 2014
81	81
82	82	New section
83	83
84	84	Sec. 3
85	85
86	86	January 1, 2014
87	87
88	88	New section
89	89
90	90	Sec. 4
91	91
92	92	January 1, 2014
93	93
94	94	New section
95	95
96	96	Sec. 5
97	97
98	98	January 1, 2014
99	99
100	100	New section
101	101
102	102	Sec. 6
103	103
104	104	January 1, 2014
105	105
106	106	New section
107	107
108	108	Sec. 7
109	109
110	110	January 1, 2014
111	111
112	112	Repealer section
113	113
114	114	Statement of Purpose:
115	115
116	116	To enact the Uniform Interstate Depositions and Discovery Act in this state.
117	117
118	118	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]