Bill Text: FL S7006 | 2019 | Regular Session | Prefiled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Prefiled.html
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-Prefiled.html
Florida Senate - 2019 (PROPOSED BILL) SPB 7006 FOR CONSIDERATION By the Committee on Judiciary 590-00935A-19 20197006pb 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 the act does not apply to criminal proceedings; 21 providing applicability; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 92.251, Florida Statutes, is amended to 26 read: 27 92.251 Uniform Foreign Depositions Law.— 28 (1) SHORT TITLE.—This section may be cited as the “Uniform 29 InterstateForeignDepositions and Discovery ActLaw.” 30 (2) DEFINITIONS.—As used in this section, the term: 31 (a) “Foreign jurisdiction” means a state other than this 32 state. 33 (b) “Foreign subpoena” means a subpoena issued under 34 authority of a court of record of a foreign jurisdiction. 35 (c) “Person” means an individual, corporation, business 36 trust, estate, trust, partnership, limited liability company, 37 association, joint venture, public corporation, government, or 38 governmental subdivision, agency or instrumentality, or any 39 other legal or commercial entity. 40 (d) “State” means a state of the United States, the 41 District of Columbia, Puerto Rico, the United States Virgin 42 Islands, a federally recognized Indian tribe, or any territory 43 or insular possession subject to the jurisdiction of the United 44 States. 45 (e) “Subpoena” means a document, however denominated, 46 issued under authority of a court of record requiring a person 47 to: 48 1. Attend and give testimony at a deposition; 49 2. Produce and permit inspection and copying of designated 50 books, documents, records, electronically stored information, or 51 tangible things in the possession, custody, or control of the 52 person; or 53 3. Permit inspection of premises under the control of the 54 person. 55 (3) ISSUANCE OF SUBPOENA.— 56 (a) To request issuance of a subpoena under this section, a 57 party from a foreign jurisdiction must submit a foreign subpoena 58 to a clerk of court in the county in this state in which 59 discovery is sought. A request for the issuance of a subpoena 60 under this act does not constitute an appearance in the courts 61 of this state. 62 (b) When a party submits a foreign subpoena to a clerk of 63 court in this state, the clerk, in accordance with that court’s 64 procedure, shall promptly issue a subpoena for service upon the 65 person to which the foreign subpoena is directed. 66 (c) A subpoena pursuant to paragraph (b) shall: 67 1. Incorporate the terms used in the foreign subpoena; and 68 2. Contain or be accompanied by the names, addresses, and 69 telephone numbers of all counsel of record in the proceeding to 70 which the subpoena relates and of any party not represented by 71 counsel. 72 (4) SERVICE OF SUBPOENA.—A subpoena issued by a clerk of 73 court under subsection (3) must be served in compliance with the 74 laws of this state and the Florida Rules of Civil Procedure. 75 (5) DEPOSITION, PRODUCTION, AND INSPECTION.—The laws and 76 rules of this state govern and apply to all subpoenas issued 77 under subsection (3). 78 (6) APPLICATION TO COURT.—An application to the court for a 79 protective order or to enforce, quash, or modify a subpoena 80 issued by a clerk of court under subsection (3) must comply with 81 the statutes and rules of this state and be submitted to the 82 court in the county in which discovery is to be conducted. 83 (7) UNIFORMITY OF APPLICATION AND CONSTRUCTION.—In applying 84 and construing this uniform act, consideration must be given to 85 the need to promote uniformity of the law with respect to its 86 subject matter among states that enact it. 87 (8) INAPPLICABILITY TO CRIMINAL PROCEEDINGS.—This act does 88 not apply to criminal proceedings. 89(2) Whenever any mandate, writ or commission is issued out90of any court of record in any other state, territory, district,91or foreign jurisdiction, or whenever upon notice or agreement it92is required to take the testimony of a witness or witnesses in93this state, witnesses may be compelled to appear and testify in94the same manner and by the same process and proceeding as may be95employed for the purpose of taking testimony in proceedings96pending in this state.97(3) This section shall be so interpreted and construed as98to effectuate its general purposes to make uniform the law of99those states which enact it.100 Section 2. This act applies to requests for discovery in 101 all proceedings pending or commenced on or after July 1, 2019. 102 Section 3. This act shall take effect July 1, 2019.