Bill Text: FL S7006 | 2019 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Uniform Interstate Depositions and Discovery Act

Spectrum: Committee Bill

Status: (Passed) 2019-04-29 - Chapter No. 2019-13 [S7006 Detail]

Download: Florida-2019-S7006-Introduced.html

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       Florida Senate - 2019                                    SB 7006
       
       
        
       By the Committee on Judiciary
       
       
       
       
       
       590-01171A-19                                         20197006__
    1                        A bill to be entitled                      
    2         An act relating to the Uniform Interstate Depositions
    3         and Discovery Act; amending s. 92.251, F.S.; revising
    4         a short title; defining terms; requiring a party to
    5         submit a foreign subpoena to a clerk of court in this
    6         state for the issuance of a subpoena in this state;
    7         requiring the clerk of court to promptly issue a
    8         subpoena for service upon the person to whom the
    9         foreign subpoena is directed; providing requirements
   10         for the subpoena; requiring that the service of the
   11         subpoena be served in compliance with the laws of this
   12         state and the Florida Rules of Civil Procedure;
   13         specifying that laws and rules governing compliance
   14         with subpoenas apply to subpoenas issued pursuant to
   15         the act; requiring that applications challenging a
   16         subpoena issued pursuant to the act comply with the
   17         statutes and rules of this state and be submitted to a
   18         specified court; providing for the uniform
   19         construction and application of the act; specifying
   20         that a subpoena may only be issued pursuant to this
   21         act if the foreign jurisdiction that issued the
   22         foreign subpoena has adopted the Uniform Interstate
   23         Depositions and Discovery Act or a substantially
   24         similar measure; specifying that the act does not
   25         apply to criminal proceedings; providing
   26         applicability; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 92.251, Florida Statutes, is amended to
   31  read:
   32         92.251 Uniform Interstate Foreign Depositions and Discovery
   33  Act Law.—
   34         (1) SHORT TITLE.—This section may be cited as the “Uniform
   35  Interstate Foreign Depositions and Discovery Act Law.”
   36         (2) DEFINITIONS.—As used in this section, the term:
   37         (a) “Foreign jurisdiction” means a state other than this
   38  state.
   39         (b) “Foreign subpoena” means a subpoena issued under
   40  authority of a court of record of a foreign jurisdiction.
   41         (c) “Person” means an individual, corporation, business
   42  trust, estate, trust, partnership, limited liability company,
   43  association, joint venture, public corporation, government, or
   44  governmental subdivision, agency or instrumentality, or any
   45  other legal or commercial entity.
   46         (d) “State” means a state of the United States, the
   47  District of Columbia, Puerto Rico, the United States Virgin
   48  Islands, a federally recognized Indian tribe, or any territory
   49  or insular possession subject to the jurisdiction of the United
   50  States.
   51         (e) “Subpoena” means a document, however denominated,
   52  issued under authority of a court of record requiring a person
   53  to:
   54         1. Attend and give testimony at a deposition;
   55         2. Produce and permit inspection and copying of designated
   56  books, documents, records, electronically stored information, or
   57  tangible things in the possession, custody, or control of the
   58  person; or
   59         3. Permit inspection of premises under the control of the
   60  person.
   61         (3) ISSUANCE OF SUBPOENA.—
   62         (a) To request issuance of a subpoena under this section, a
   63  party from a foreign jurisdiction must submit a foreign subpoena
   64  to a clerk of court in the county in this state in which
   65  discovery is sought. A request for the issuance of a subpoena
   66  under this act does not constitute an appearance in the courts
   67  of this state.
   68         (b) When a party submits a foreign subpoena to a clerk of
   69  court in this state, the clerk, in accordance with that court’s
   70  procedure, shall promptly issue a subpoena for service upon the
   71  person to which the foreign subpoena is directed.
   72         (c) A subpoena pursuant to paragraph (b) shall:
   73         1. Incorporate the terms used in the foreign subpoena; and
   74         2. Contain or be accompanied by the names, addresses, and
   75  telephone numbers of all counsel of record in the proceeding to
   76  which the subpoena relates and of any party not represented by
   77  counsel.
   78         (4) SERVICE OF SUBPOENA.—A subpoena issued by a clerk of
   79  court under subsection (3) must be served in compliance with the
   80  laws of this state and the Florida Rules of Civil Procedure.
   81         (5) DEPOSITION, PRODUCTION, AND INSPECTION.—The laws and
   82  rules of this state govern and apply to all subpoenas issued
   83  under subsection (3).
   84         (6) APPLICATION TO COURT.—An application to the court for a
   85  protective order or to enforce, quash, or modify a subpoena
   86  issued by a clerk of court under subsection (3) must comply with
   87  the statutes and rules of this state and be submitted to the
   88  court in the county in which discovery is to be conducted.
   89         (7) UNIFORMITY OF APPLICATION AND CONSTRUCTION.—In applying
   90  and construing this uniform act, consideration must be given to
   91  the need to promote uniformity of the law with respect to its
   92  subject matter among states that enact it. Subpoenas may only be
   93  issued pursuant to this section if the foreign jurisdiction that
   94  issued the foreign subpoena has adopted the Uniform Interstate
   95  Depositions and Discovery Act or a substantially similar measure
   96  that applies to civil proceedings.
   97         (8) INAPPLICABILITY TO CRIMINAL PROCEEDINGS.—This act does
   98  not apply to criminal proceedings.
   99         (2) Whenever any mandate, writ or commission is issued out
  100  of any court of record in any other state, territory, district,
  101  or foreign jurisdiction, or whenever upon notice or agreement it
  102  is required to take the testimony of a witness or witnesses in
  103  this state, witnesses may be compelled to appear and testify in
  104  the same manner and by the same process and proceeding as may be
  105  employed for the purpose of taking testimony in proceedings
  106  pending in this state.
  107         (3) This section shall be so interpreted and construed as
  108  to effectuate its general purposes to make uniform the law of
  109  those states which enact it.
  110         Section 2. This act applies to requests for discovery in
  111  all proceedings pending or commenced on or after July 1, 2019.
  112         Section 3. This act shall take effect July 1, 2019.