Prior to 2007 it was usually necessary to get an out of state attorney involved to get a subpoena and serve when arranging for out of state discovery. Since 2007 it has become considerably less complex and confusing thanks to the introduction of the Uniform Interstate Depositions & Discovery Act, it is far easier for the attorneys involved to litigate a case that crosses state lines.
There are many times when someone will be served with a subpoena from an out of state court demanding the presentation of specific records and documents. The question invariably arises, “does the individual that received the subpoena have to comply with it; after all; it is from another jurisdiction?” The answer is now categorical “yes,” as long as it is in full compliance with the act that covers interstate depositions and discovery in Nevada.
What is the act about and how does it work?
Before the act governing interstate depositions and discovery in Nevada came into force the process was unnecessarily complicated and costly. With the act, the entire process is down to one rather simple step. The party requesting the subpoena only has to make the e\request to the court in the trial jurisdiction. As long as both jurisdictions are party to the new act, one court order will suffice.
The act recognizes the function of a subpoena which is:
- To arrange a deposition from a witness to the event
- Gather documents and other matter pertaining to the event, and
- Gain entrance to a facility for inspection purposes
All that is required is for the foreign attorney that wants the subpoena to give the details of the witness or company to the clerk of court in the county where the individual or company resides. The clerk of court will issue the subpoena to a Nevada attorney for service.
If, as a law firm outside the state of Nevada you need to arrange for interstate depositions and discovery in Nevada you are invited to coordinate with the Law Office of Hayes & Welsh.
