This CLE webinar will review the still complex task of compelling a non-party witness to attend a deposition, appear at trial, or produce documents in a foreign state for use in a civil action or arbitration pending in another state. The panel will review issuing, serving, and enforcing subpoenas under the Uniform Interstate Depositions and Discovery Act (UIDDA), the Uniform Foreign Depositions Act (UFDA), non-uniform state procedure, and the federal rules. The program will also discuss rules, limits, and best practices for remote depositions and trial testimony.
As people more frequently work remotely and move from one state to another, litigants are increasingly faced with witnesses and evidence located outside the state where a case is pending. Obtaining deposition (or trial) testimony from out-of-state, non-party witnesses such as employees of a corporate defendant continues to offer traps for even experienced counsel. Remote depositions or testimony do not solve these issues: they add an extra layer of considerations.
If a case is in state court, attorneys have to account for the variations of each state under the UIDDA and the UFDA or even a non-uniform process. It is not enough to simply compel the testimony--counsel has to be sure that the testimony is actually admissible in the trial court.
Federal Rule 45 applies in federal court and presents complex issues of jurisdiction and enforcement, especially regarding the interplay with Rule 43. Officers, directors, and managing agents must appear for deposition without regard to geographical limits, but the opposing side may be unable to compel attendance at trial.
Listen as this experienced panel discusses compelling a non-party witness to attend a deposition, appear at trial, or produce documents in a foreign state for use in a civil action or arbitration pending in another state and the rules, limits, and best practices for remote depositions and trial testimony
