New Jersey Court Rule 4:11-4 was amended, effective Sept. 1, to adopt the Uniform Interstate Deposition and Discovery Act (UIDDA). The amendment affects discovery in New Jersey of nonparties for use in proceedings in other states. It simplifies the procedure for issuing subpoenas for such discovery, clarifies that the New Jersey Court Rules and New Jersey law govern the procedures for taking discovery, and sets forth specific information and notices that must accompany the subpoena. The amended rule is divided into two subsections, with the amendment set forth in the new subsection (b). Subsection (a), which applies to discovery for use in proceedings in federal courts or other countries, remains unchanged.
Background to the Amendment
The UIDDA was approved and recommended for adoption in all states by the National Conference of Commissioners on Uniform State Laws, now the Uniform Law Commission, in 2007. As stated in the Model Act’s Prefatory Note, its intent was to “set forth a procedure that can be easily and efficiently followed, that has a minimum of judicial oversight and intervention, that is cost-effective for the litigants, and is fair to the deponents.” The UIDDA has now been adopted in most states, including New York and Pennsylvania. On Dec. 20, 2012, the state of New Jersey Law Revision Commission issued a final report recommending that the New Jersey Supreme Court adopt the UIDDA “with modifications to accommodate New Jersey practice.”
Issuance of the Subpoena
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