General Assembly Raised Bill No. 6584
January Session, 2013 LCO No. 4126
*04126_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 6584
January Session, 2013
LCO No. 4126
*04126_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
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".
Sec. 2. (NEW) (Effective January 1, 2014) As used in this section and sections 3 to 6, inclusive, of this act:
(1) "Foreign jurisdiction" means a state other than the state of Connecticut;
(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; and
(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.
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.
(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.
(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.
(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.
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.
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.
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.
Sec. 7. Section 52-155 of the general statutes is repealed. (Effective January 1, 2014)
This act shall take effect as follows and shall amend the following sections:
Section 1 January 1, 2014 New section
Sec. 2 January 1, 2014 New section
Sec. 3 January 1, 2014 New section
Sec. 4 January 1, 2014 New section
Sec. 5 January 1, 2014 New section
Sec. 6 January 1, 2014 New section
Sec. 7 January 1, 2014 Repealer section
This act shall take effect as follows and shall amend the following sections:
Section 1
January 1, 2014
New section
Sec. 2
January 1, 2014
New section
Sec. 3
January 1, 2014
New section
Sec. 4
January 1, 2014
New section
Sec. 5
January 1, 2014
New section
Sec. 6
January 1, 2014
New section
Sec. 7
January 1, 2014
Repealer section
Statement of Purpose:
To enact the Uniform Interstate Depositions and Discovery Act in this state.
[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.]