General Assembly Raised Bill No. 7034
January Session, 2015 LCO No. 5445
*05445_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 7034
January Session, 2015
LCO No. 5445
*05445_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING COSTS INCURRED BY STATE RESIDENTS WHEN RESPONDING TO CERTAIN DISCOVERY REQUESTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (c) of section 52-148e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(c) (1) Any person to whom a subpoena [commanding] has been directed, which subpoena commands (A) the person's appearance at a deposition, and (B) the production, copying or inspection of books, papers, documents or tangible things [has been directed] may, within fifteen days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than fifteen days after service, serve upon the [issuing authority designated in] party who requested issuance of the subpoena written objection to [inspection or copying of any or all of the designated materials If objection is made, the party at whose request the subpoena was issued shall not be entitled to inspect and copy the disputed materials except pursuant to an order of the court in which the cause is pending] appearing, producing, copying or permitting the inspection of such books, papers, documents or tangible things.
(2) If a nonparty witness objects on the ground that the subpoena will cause undue burden or expense to a person who is not a party to the civil action or probate proceeding, such written objection shall be accompanied by an affidavit of costs setting forth the estimated or actual costs of compliance with such subpoena, including, but not limited to, the nonparty witness's attorney's fees or the costs to such witness of electronic discovery. If a nonparty witness makes such written objection, the party who requested issuance of the subpoena (A) shall not be entitled to compel such witness's appearance or receive, copy or inspect the books, papers, documents or tangible things, or inspect any premises where such materials may be kept, except pursuant to an order of the court in which the civil action or probate proceeding is pending, and (B) may, upon notice to the objecting nonparty witness, file a motion with the court for an order to compel such witness's appearance and production, copying or inspection of such materials in accordance with the terms of such subpoena. When ruling on such motion to compel, the court shall make a finding as to whether the subpoena subjects the nonparty witness to undue burden or expense prior to entering any order to compel such nonparty witness's appearance and the production, copying or inspection of such materials. If the court finds that the subpoena issued to the nonparty witness subjects such witness to undue burden or expense, any order to compel such witness's appearance and production, copying or inspection of such materials shall protect the witness from undue burden or expense resulting from compliance with such subpoena and, except in the case of a subpoena commanding the production, copying or inspection of medical records, may include, but not be limited to, the reimbursement of such witness's reasonable costs of compliance, as set forth in the witness's affidavit of costs. The party who requested issuance of the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition. The provisions of this subdivision shall not apply to a civil action filed under section 52-190a.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2015 52-148e(c)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2015
52-148e(c)
Statement of Purpose:
To allow state residents the opportunity to recover costs incurred when responding to discovery requests made in connection with court proceedings.
[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.]