How Colorado’s Use of the Uniform Interstate Depositions and Discovery Act Has Streamlined Cross-State Process Service of Foreign Subpoenas

The Uniform Interstate Depositions and Discovery Act (UIDDA) has been a game-changer for attorneys needing to conduct service of foreign subpoenas in Colorado. This act, adopted in Colorado in 2006, has streamlined the process of serving subpoenas across state lines. It has allowed attorneys to bypass the cumbersome and time-consuming process of obtaining letters rogatory from the court, and has created a more efficient way to serve and enforce subpoenas in other states. By making this process easier, attorneys to serve subpoenas across state lines, they are able to save time and money, while ensuring that their cases are handled swiftly and efficiently.

Overview of the Uniform Interstate Depositions and Discovery Act (UIDDA)

The Uniform Interstate Depositions and Discovery Act (UIDDA) was created in response to a growing demand from foreign attorneys and their U.S. clients for easier and less expensive ways of doing business with one another. It is designed to ensure that foreign subpoenas are not unduly burdensome and costly to execute. The Act is intended to simplify the process of serving subpoenas in other states and reduce the time, expense and risk of litigation by creating a single standard of practice for states to use. To achieve these goals, the Act sets forth three core principles: The Act applies to all state courts, and the procedures established by the Act are the only rules that apply to the enforcement of a subpoena in a state. The Act applies to all depositions and other inquiries conducted in another state, whether the deposition is a written deposition or an oral deposition. The deposition may be conducted in person, by video teleconferencing, by telephone, or by other comparable means. The deposition may be conducted in the state in which the person resides, in the state in which the person is employed, or in a state selected by the person. The Act applies to all persons who have been served with a subpoena or subpena in another state. The Act does not apply to the enforcement of an order of protection.

How UIDDA has simplified service of foreign subpoenas

The Act makes it easy for attorneys in another state to serve a subpoena on individuals located in that state. It does not matter if the individual is a citizen of the state or the state in which the attorney serves the subpoena, or if the individual is located outside of the state in the state where the subpoena is served. No additional letters rogatory are needed. The process is as follows: A Colorado attorney serving a foreign subpoena within the state uses the same steps for serving any other state subpoena as it does for serving a Colorado subpoena. The attorney writes a subpoena and sends copies of the subpoena to the person who has been served with a subpoena or subpena. The person then signs and dates the subpoenas, and returns it to the attorney, who then serves it on the individual. The Colorado attorney may also choose to serve the subpoena on a Colorado resident who is a party to the action, or on a Colorado law firm, if the attorney has a firm that has been authorized to accept service of process.

Steps involved in serving foreign subpoenas in Colorado

The Colorado Rules of Civil Procedure provide that a Colorado attorney serving a foreign subpoena in the state shall do so by delivering a copy of the foreign subpoena to the individual served. The individual then signs and dates the copy, and returns it to the attorney who served it. The Colorado attorney then serves the Colorado resident or law firm with a copy of the foreign subpoena and the original signed and dated return. The Colorado attorney may choose to serve the Colorado resident or law firm any other way he or she chooses, but must serve the Colorado resident or law firm by delivering a copy of the foreign subpoena to the person or firm, who then signs and dates the copy, and returns it to the attorney who served it.

How to enforce a foreign subpoena in Colorado

The Colorado attorney may choose to enforce the foreign subpoena by filing a motion to enforce the foreign subpoena in the Colorado state court where the Colorado resident or law firm is located. The motion must be filed with the Colorado state court in which the action is pending or, if the action is not pending, in the state court where the action has been filed. The Colorado state court then has 10 days to enter an order authorizing the Colorado attorney to enforce the foreign subpoena by any means necessary in the state court of Colorado. If there is no Colorado state court in which the action is pending, the Colorado attorney must file the motion in the Colorado state court in which the action has been filed. If the Colorado attorney chooses to enforce the foreign subpoena in this way, he or she has only one enforcement option available, and must use that enforcement option. There is no choice of other enforcement options.

Summary of steps involved in serving foreign subpoenas in Colorado

The steps involved in serving a foreign subpoena in Colorado are as follows: A Colorado attorney serving a foreign subpoena within the state uses the same steps for serving any other state subpoena as it does for serving a Colorado subpoena. The attorney writes a subpoena and sends copies of the subpoena to the person who has been served with a subpoena or subpena. The person then signs and dates the subpoenaas, and returns it to the attorney who served it. The Colorado attorney may also choose to serve the Colorado resident or law firm with a copy of the foreign subpoena, or may choose to serve the Colorado resident or law firm any other way he or she chooses, but must serve the Colorado resident or law firm by delivering a copy of the foreign subpoena to the person or firm, who then signs and dates the copy, and returns it to the attorney who served it.

Conclusion

Colorado has been at the forefront of the use of the UIDDA, and has been one of the first states to adopt the Act. Since 2006, the state has streamlined the service of foreign subpoenas in a manner that has streamlined the Colorado process. From the attorney’s perspective, the UIDDA allows attorneys to focus on the business at hand and on the task of getting the case to trial. From the client’s perspective, the use of the UIDDA is a significant time-saver, and the process of serving a subpoena is simplified and streamlined.

Helpful Resources for Foreign Subpoenas in Colorado

The Global Process Server https://www.theglobalprocessserver.com/

Phone: (877) 524-3030

Office: 1400 16^th St, 16 Market Square Ste 400, Denver, CO 80202