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ENGROSSED HOUSE
BILL NO. 2229 By: Moore of the House
and
Howard of the Senate
An Act relating to civil procedure; creating the
Uniform Interstate Depositions and Discovery Act ;
defining terms; creating procedures for issuing
subpoena; providing for service; requiring compliance
with subpoena; providing for application to court;
providing uniform application ; setting application
date; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3250 of Title 12, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the Uniform
Interstate Depositions and Discovery Act.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3 251 of Title 12, unless there
is created a duplication in numbering, reads as follow s:
As used in this act:
1. "Foreign jurisdiction" means a state other than this state;
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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 t rust,
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 Unite d States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, a fe derally
recognized Indian tribe or any territory or insular possession
subject to the jurisdiction of the United States; and
5. "Subpoena" means a document, however den ominated, 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, el ectronically
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.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3252 of Title 12, unless there
is created a duplication in numbering, reads as follows:
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A. To request issuance of a subpoena under this section, a
party must submit a foreign subpoena to a clerk of court in the
county in which discovery is sought to be conducted in th is state.
A request for the issuance of a subpoena under this act does not
constitute an appearance in the courts of this state.
B. When a party submits a foreign subpoena to a clerk of court
in this state, the clerk, in accordance with that court 's procedure,
shall promptly issue a subpoena for service upon the person to which
the foreign subpoena is directed.
C. A subpoena under subsection B of this section must:
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.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3253 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A subpoena issued by a clerk of court under Section 3 of this
act must be served in compliance with subsection B of Section 2004.1
of Title 12 of the Oklahoma Statutes .
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3254 of Title 12, unless there
is created a duplication in numbering, reads as follows:
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Subsection D of Section 2004. 1 of Title 12 of the Oklahoma
Statutes shall apply to subpoenas issued under Section 3 of this
act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3255 of Title 12, unless there
is created a duplication in numbering, reads as follows:
An application to the court for a protec tive order or to
enforce, quash or modify a subpoena issued by a clerk of court under
Section 3 of this act must comply with the rules or statutes of this
state and be submitted to the court in the county in which discovery
is to be conducted.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3256 of Title 12, unless there
is created a duplication in numberi ng, reads as follows:
In applying and construing this uniform act, consideration must
be given to the need to promote uniformity of the law with respect
to its subject matter among states that enact it.
SECTION 8. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 3 257 of Title 12, unless there
is created a duplication in numbering, reads as follows:
This act applies to requests for discovery in cases pending on
November 1, 2021.
SECTION 9. This act shall become effective November 1, 2021.
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Passed the House of Representatives the 1st day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of t he Senate