New Mexico Makes It Easier to Serve Foreign Subpoenas: An Overview of the Uniform Interstate Depositions and Discovery Act (UIDDA)
New Mexico recently adopted the Uniform Interstate Depositions and Discovery Act (UIDDA), making it easier to serve foreign subpoenas. This is a major breakthrough for lawyers in UIDDA states such as New Mexico, as it streamlines the process of obtaining documents or testimony across state or international borders. With this new act, lawyers in UIDDA states such as New Mexico can now serve foreign subpoenas without having to navigate complex procedural hurdles or seek the assistance of a foreign court. The UIDDA is a uniform act that has been adopted by many states and provides a much-needed alternative to the traditional methods of serving foreign subpoenas. In this article, we will provide an overview of the UIDDA and discuss how it makes it easier to serve foreign subpoenas in New Mexico.
What is a foreign subpoena?
A foreign subpoena is a court order issued by a foreign country’s court that requires a person located in another country to produce documents and/or attend court. For example, a U.S. law firm in California may want to serve a foreign subpoena on a client located in New Mexico. Under the old rules, the California firm would need to hire a New Mexico lawyer to serve the New Mexico client with a New Mexico court order. As an alternative, the California firm could serve the foreign subpoena on the New Mexico client through the U.S. mail or by FedEx, but this would take much longer than serving the same foreign subpoena via a New Mexico court order. New Mexico recently passed the Uniform Interstate Depositions and Discovery Act (UIDDA), which simplifies the process of serving foreign subpoenas. Under the UIDDA, a New Mexico lawyer can serve a foreign subpoena on a New Mexico client with a New Mexico court order.
How does the UIDDA simplify the process of serving foreign subpoenas?
In order to serve a foreign subpoena under the old system, a New Mexico lawyer would have to address different procedural hurdles depending on whether the client is located in the other state (or country) and the type of document or testimony that the lawyer wants the client to produce. An attorney serving a foreign subpoena in New Mexico would need to prepare a New Mexico Court Order, serve the New Mexico Court’s return receipt, complete the New Mexico State Bar form, file the New Mexico State Bar form, and pay a New Mexico court fee. It could take several weeks to serve a single foreign subpoena, and the process was not streamlined at all. The UIDDA, on the other hand, simplifies all of these steps. First, the UIDDA requires the attorney to serve the foreign subpoena on the New Mexico client with a New Mexico Court Order. The attorney then needs to deliver the New Mexico Court Order by hand, by certified mail with return receipt requested, or by FedEx. The court order must be delivered to the client, who is required to sign it. The client must also sign the return receipt.
What are the requirements of the UIDDA?
The attorney must be in-state or the attorney must have authorization from the client to serve the subpoena on the other state. The attorney must be conducting discovery in the other state and the client is located in the other state or is a party residing in the other state. The attorney must be able to establish the following: – The attorney is licensed to practice law in the state where the subpoena is served. – The attorney is authorized to serve the subpoena on the client’s behalf. – The attorney has a relationship with the client that allows the attorney to serve the subpoena on client’s behalf such as a client-attorney relationship, client-client relationship, or other similar relationship. – In service of the subpoena, the attorney is not evading any state or federal law or regulation.
What are the benefits of the UIDDA?
– The attorney does not need to be present in the other state. – The attorney does not need to have any sort of license or authorization in the other state. – The attorney does not need to be in a relationship with the client to serve a subpoena. – The attorney does not need to know the other state’s rules of procedure or court infrastructure.
Conclusion
The UIDDA makes it easier to serve foreign subpoenas without having to navigate complex procedural hurdles or seek the assistance of a foreign court. New Mexico’s adoption of the UIDDA provides a much-needed alternative to the traditional methods of serving foreign subpoenas. The UIDDA provides attorneys with a streamlined process to serve foreign subpoenas, drastically reducing the time and expense of serving foreign subpoenas in New Mexico. If you have questions about serving foreign subpoenas in New Mexico, please feel free to contact our office.
Helpful Resources for Foreign Subpoenas in New Mexico
The Global Process Server https://www.theglobalprocessserver.com/
Phone: (877) 524-3030
Office: 5301 Central Ave NE 3rd Fl, Albuquerque, NM 87108
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