Bill Text: CT SB00373 | 2014 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Uniform Commercial Code, The Electronic Fund Transfer Act And The Issuance Of Subpoenas On A Nonparty Witness.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-04-23 - Favorable Report, Tabled for the Calendar, Senate [SB00373 Detail]
Download: Connecticut-2014-SB00373-Comm_Sub.html
General Assembly |
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February Session, 2014 |
*_____SB00373JUD___042314____* |
AN ACT CONCERNING THE UNIFORM COMMERCIAL CODE, THE ELECTRONIC FUND TRANSFER ACT AND THE ISSUANCE OF SUBPOENAS ON A NONPARTY WITNESS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 42a-4A-108 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
[This] (a) Except as provided in subsection (b) of this section, this article does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act, [of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 USC Section 1693 et seq.)] 15 USC 1693, et seq., as amended from time to time.
(b) This article applies to a funds transfer that is a remittance transfer, as defined in the Electronic Fund Transfer Act, 15 USC 1693o-1, as amended from time to time, unless the remittance is an electronic fund transfer, as defined in the Electronic Fund Transfer Act, 15 USC 1693a, as amended from time to time.
(c) In the event of an inconsistency between an applicable provision of this article and an applicable provision of the Electronic Fund Transfer Act in a funds transfer to which this article applies, the provision of the Electronic Fund Transfer Act shall govern to the extent of the inconsistency.
Sec. 2. (NEW) (Effective October 1, 2014) (a) Any nonparty witness in a civil action or probate proceeding to whom a subpoena commanding the production of books, papers, documents or tangible things has been directed may, not later than fifteen days after the service of such subpoena or on or before the time specified in the subpoena for compliance, if such time is less than fifteen days after service, serve upon the party who requested issuance of the subpoena a written objection to production, inspection or copying of any or all of such books, papers, documents or tangible things. Such written objection may include a specific objection that the subpoena will cause undue burden and expense to a person who is not a party to the civil action or probate proceeding, provided such written objection shall be accompanied by an affidavit setting forth the estimated or actual costs of compliance with such subpoena. If a nonparty witness makes such a specific objection, the party who requested issuance of the subpoena (1) shall not be entitled to inspect or copy the books, papers, documents or tangible things, or inspect any premises where such materials may be kept, except pursuant to an order of the court in which the civil action or probate proceeding is pending, and (2) may, upon notice to the objecting nonparty witness, file a motion with the court for an order to compel production in accordance with the terms of such subpoena. Any order to compel production with a subpoena pursuant to this section shall protect a nonparty witness from significant expense resulting from compliance with such subpoena and may include, but not be limited to, the reimbursement of the nonparty witness' reasonable attorney's fees and costs related to electronic discovery.
(b) The court in which the civil action or probate proceeding is pending, upon motion of the nonparty witness made promptly and in any event at or before the time for compliance specified in the subpoena, may (1) quash or modify the subpoena if it is unreasonable and oppressive or if it seeks the production of books, papers, documents or tangible things that are not material to the civil action or probate proceeding, or (2) condition denial of the motion upon the advancement by the party who requested issuance of the subpoena of the reasonable cost of producing the books, papers, documents or tangible things that such party is seeking.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2014 |
42a-4A-108 |
Sec. 2 |
October 1, 2014 |
New section |
BA |
Joint Favorable Subst. |
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JUD |
Joint Favorable |