Pennsylvania has joined a growing number of states that have adopted the Uniform Interstate Depositions and Discovery Act. Promulgated by the Uniform Law Commission in 2007 and codified at 42 Pa. C.S. §§ 5331-37, the UIDDA establishes an efficient and inexpensive procedure for out-of-state attorneys attempting to serve subpoenas in Pennsylvania for discovery to be used in an action pending in another state. The UIDDA applies to requests for both depositions and documents from Pennsylvania witnesses, and the description of a subpoena in the act is based on the language of Rule 45 of the Federal Rules of Civil Procedure.
“Subpoena,” as that term is defined in 42 Pa. C.S. § 5333, means a “document, however denominated, issued under authority of a court of record requiring a person to: (1) attend and give testimony at a deposition, hearing or trial; (2) produce and permit inspection and copying of designated books, documents, records, electronically stored information or tangible things in the possession, custody or control of the person; or (3) permit inspection of premises under the control of the person.”
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