General Assembly Substitute Bill No. 7034
January Session, 2015 *_____HB07034JUD___040715____*
General Assembly
Substitute Bill No. 7034
January Session, 2015
*_____HB07034JUD___040715____*
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 Subsection (f) of section 52-148e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(f) (1) Deposition of witnesses living in this state may be taken in like manner to be used as evidence in a civil action or probate proceeding pending in any court of the United States or of any other state of the United States or of any foreign country, on application to the court in which such civil action or probate proceeding is pending of any party to such civil action or probate proceeding. The Superior Court shall have jurisdiction to quash or modify, or to enforce compliance with, a subpoena issued for the taking of a deposition pursuant to this subsection.
(2) Any person to whom a subpoena 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 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 party who requested issuance of the subpoena written objection to appearing, producing, copying or permitting the inspection of such books, papers, documents or tangible things.
(3) 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 Superior 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 Superior 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 Superior 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.
(4) The provisions of this subsection 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(f)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2015
52-148e(f)
JUD Joint Favorable Subst.
JUD
Joint Favorable Subst.