Obtaining evidence from out of state

Posted by Phineas Gray on August, 2016

In many cases lawyers are faced with gathering information from witnesses to a case that do not reside in the state where the case is being litigated. Although the case may be pending in one state, it is not unusual that witnesses live in Nevada. In situations like this the attorneys involved in the case in the state where the case is pending will need to work with a law firm that can arrange for interstate depositions and discovery in Nevada.

A subpoena issued by a court in a specific state is powerless outside that state. At one time this was problematic but since the adoption of the Uniform Interstate Depositions and Discovery Act (UIDDA) this has made it far easier to gather information from witnesses.

How does UIDDA work?

This act permits an attorney to submit the out of state subpoena to the clerk of court in the state where discovery is sought. The clerk of court subsequently issues a subpoena which includes the terms used in the out of state subpoena as well as information on all lawyers of record in the case. As a result of UIDDA the out of state subpoena does not constitute a court appearance.

Is local counsel required?

Even if there is no need for the involvement of local counsel it is always a good idea to work with a firm that offers interstate deposition and discovery in Nevada, this is of particular importance if it is felt there may be resistance to the subpoena. By including the name of the Nevada counsel on the subpoena the opposing counsel and the testifying witness that you have arranged for local enforcement.

Local counsel can answer any questions that there may be which are related to the logistics of issuing and serving an out of state subpoena.

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