Oregon’s Adoption of UIDDA: Breaking Down How It Streamlines Foreign Subpoena Process Service

Oregon’s recent adoption of the Uniform Interstate Depositions and Discovery Act (UIDDA) could drastically reduce the time and resources required for out-of-state process service. With the act in place, local process service providers can now more efficiently serve individuals, businesses, and organizations located out-of-state. This could lead to a smoother subpoena process, giving legal professionals in Oregon more time to focus on the cases at hand. By breaking down the finer details of UIDDA, this article will provide a comprehensive look at how Oregon’s adoption of the act can streamline the foreign subpoena process.

Overview of Oregon’s adoption of UIDDA

In late 2018, Oregon became the 37th state to adopt the Uniform Interstate Depositions and Discovery Act (UIDDA). This act simplifies the process for managing depositions and serving subpoenas in courts between parties located in different states. Since its adoption, Oregon has become the largest state to adopt UIDDA. UIDDA was first passed in 2014 as H.B. 2677 in the Oregon state legislature. It was then tabled by the senate and then reintroduced as H.B. 4355 in 2018. After passing the House and Senate, it was signed into law by then-Governor Kate Brown on December 23, 2018. If a state’s legislature passes the act, the state’s attorney general can then issue a directive stating that, as of the date of the directive, the state’s rules of procedure are to be based on UIDDA.

What is UIDDA and how does it work?

UIDDA simplifies the process for managing depositions and serving subpoenas in any court between parties located in different states. In order for the act to apply, both parties must agree to use UIDDA instead of a state’s own rules of procedure. The parties can do this through an in-person or electronically signed agreement. Under UIDDA, a deposition must be held in the state where the matter is pending. Instead of using a deposition schedule, the parties should consider using a deposition term sheet. The parties can also use deposition scheduling software. In addition, the state’s rules of procedure must be amended to require that a subpoena be issued in the state where the party is located. A subpoena must be served on either the party or a representative within a period of no more than 60 days.

Benefits of UIDDA for Oregon

As the state that now has the most streamlined process for serving process, Oregon stands to benefit from the adoption of UIDDA. With the act in place, local process service providers can now more efficiently serve individuals, businesses, and organizations located out-of-state. This could lead to a smoother subpoena process, giving legal professionals in Oregon more time to focus on the cases at hand. Additionally, the act could also help reduce the time and resources required for serving process. With less overhead, legal professionals in Oregon can offer reduced fees and/or increased speed of service to significantly improve the state’s court system.

Requirements for UIDDA compliance

In order to use UIDDA, both parties must agree to use the uniform act instead of their state’s own rules of procedure. This agreement must be in writing and signed by both parties. The written agreement must also be filed with the court. Additionally, the parties should file a motion to use UIDDA with their court. Once the motion is granted, the parties must electronically file the agreement with the court. This can be done through a local software program, such as LexisNexis Case Manager.

The importance of a process service provider

With both the burden of doing business and the risk of being sued on the other side, businesses and individuals often consider hiring a process server. As a result, it is no surprise that the act has become popular among process providers—particularly those who serve out of state. In order to be compliant with the act, a process server must be licensed and certified in their state of operation. Additionally, they must also be certified as a business process server. After all of this is in place, they must also be properly trained in the rules of the Uniform Act.

Differences between UIDDA and traditional process service

While the process for serving process under the act is very similar to that of serving process under the state’s own rules of procedure, there is one key difference. Under the act, the state’s rules of procedure must be amended to allow service on either the party or their representative. After this amendment is made, the process server must follow the act’s rules of service. In contrast, under the state’s own rules of procedure, a rule must be amended to require that service be made on the party. To comply with this rule, the process server must serve the party and then serve a copy of the process on their representative.

Other states that have adopted UIDDA

As the act becomes more popular, it is likely that other states will adopt it. In fact, the act has been adopted by a number of other states, including Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, and Wyoming. Federal legislation also provides a similar streamlined process for serving process across state lines.

Breaking down how UIDDA streamlines foreign subpoena process

The adoption of UIDDA could drastically reduce the time and resources required for out-of-state process service. With this act in place, local service providers can now more efficiently serve individuals, businesses, and organizations located out-of-state. This could lead to a smoother subpoena process, giving legal professionals in Oregon more time to focus on the cases at hand. To better understand how the adoption of UIDDA could streamline the foreign subpoena process, it is important to break down what is involved in running a process server. When a client hires a process server, the server is responsible for collecting and delivering the process to the party. In many cases, the server also serves the subpoena on the other side. Serving process requires the process server to follow the rules of the court on which the process is being served. When serving a foreign subpoena, there are a few additional rules that must be followed. Most notably, the server should be licensed in the state in which they are serving process and they should also be certified as a business process server.

Conclusion

Oregon’s recent adoption of the Uniform Interstate Depositions and Discovery Act (UIDDA) could drastically reduce the time and resources required for out-of-state process service. With the act in place, local service providers can now more efficiently serve individuals, businesses, and organizations located out-of-state. This could lead to a smoother subpoena process, giving legal professionals in Oregon more time to focus on the cases at hand.

Helpful Resources for Domesticating Foreign Subpoenas in Oregon

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

Phone: (877) 524-3030

Office: 205 SE Spokane St., Suite 300, Portland, OR 97202