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

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]