Practice Tip: The UIDDA

In the past, if you needed to secure documents or depose a witness outside of your jurisdiction, you had to secure something called a foreign commission. Essentially, one filed a motion in the state court to be permitted to conduct discovery outside of the state. The opposing parties could contest the motion, typically on the basis that the evidence was not relevant or was a mere fishing expedition. If the relief was granted, you next hired counsel in the jurisdiction where the evidence or witness was located. That attorney would file a miscellaneous action in the foreign court (“foreign” meaning outside state where the action is pending) specifying the needed discovery, indicating that the state where the action is pending approved pursuit of it and asking for leave to proceed in the other state. This action would be served on the witness or records custodian outside of the state. That person or entity had its own right to ask that the relief be denied. Again, most often, the basis would be lack of relevance.