Bill Text: IN HB1350 | 2010 | Regular Session | Introduced
Bill Title: Uniform acts concerning civil procedure.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1350 Detail]
Download: Indiana-2010-HB1350-Introduced.html
Citations Affected: IC 34-44.5; IC 34-59.
Synopsis: Uniform acts concerning civil procedure. Enacts the
Uniform Interstate Depositions and Discovery Act. Allows litigants to
present a clerk of the court located in the state where discoverable
materials are sought with a subpoena issued by a court in the trial state.
Provides that once the clerk receives the foreign subpoena, the clerk
shall issue a subpoena for service upon the person or entity on which
the original subpoena is directed. Specifies that the terms of the issued
subpoena must incorporate the same terms as the original subpoena and
contain the contact information for all counsel of record and any party
not represented by counsel. Enacts the Uniform Unsworn Foreign
Declarations Act. Affirms the use in state law proceedings of unsworn
declarations made by declarants who are physically outside the
boundaries of the United States when making the declaration. Provides
that if an unsworn declaration is made subject to penalties for perjury
and contains the information in the model form provided in the act, the
statement may be used as an equivalent of a sworn declaration.
Excludes use of unsworn declarations for depositions, oaths of office,
oaths related to self-proved wills, declarations recorded under certain
real estate statutes, and oaths required to be given before specified
officials other than a notary.
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Judiciary.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
ARTICLE 44.5. EVIDENCE: UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT
Chapter 1. Uniform Interstate Depositions and Discovery Act
Sec. 1. As used in this chapter, "foreign jurisdiction" means a state other than Indiana.
Sec. 2. As used in this chapter, "foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
Sec. 3. As used in this chapter, "person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
Sec. 4. As used in this chapter, "state" means any of the
following:
(1) A state of the United States.
(2) The District of Columbia.
(3) Puerto Rico.
(4) The United States Virgin Islands.
(5) A federally recognized Indian tribe.
(6) Any territory or insular possession subject to the
jurisdiction of the United States.
Sec. 5. As used in this chapter, "subpoena" means a document,
however denominated, issued under authority of a court of record
that requires a person to:
(1) attend and give testimony at a deposition;
(2) produce and allow inspection and copying of designated:
(A) books;
(B) documents;
(C) records;
(D) electronically stored information; or
(E) other tangible things;
in the possession, custody, or control of the person; or
(3) allow inspection of premises under the control of the
person.
Sec. 6. (a) To request issuance of a subpoena under this chapter
that is based on a foreign subpoena, a party must submit the
foreign subpoena to the clerk of the court in the county in which
discovery is sought to be conducted in Indiana. A request for the
issuance of a subpoena under this chapter does not constitute an
appearance in a court of this state.
(b) When a party submits a foreign subpoena to the clerk of a
court in Indiana, the clerk, in accordance with the court's
procedure, shall promptly issue a subpoena for service upon the
person to which the foreign subpoena is directed.
(c) A subpoena issued under subsection (b) must:
(1) incorporate the terms used in the foreign subpoena; and
(2) contain or be accompanied by the names, addresses, and
telephone numbers of the following:
(A) All counsel of record in the proceeding to which the
subpoena relates.
(B) Any party not represented by counsel.
Sec. 7. A subpoena issued by a clerk of the court under section
6 of this chapter must be served in compliance with all applicable
laws concerning service of a subpoena in Indiana.
Sec. 8. All applicable Indiana law concerning compliance with
subpoenas to:
(1) attend and give testimony;
(2) produce designated books, documents, records,
electronically stored information, or other tangible things; or
(3) allow inspection of premises;
apply to subpoenas issued under section 6 of this chapter.
Sec. 9. An application to a court for a protective order or to
enforce, quash, or modify a subpoena issued by a clerk of court
under section 6 of this chapter must:
(1) comply with all applicable Indiana laws; and
(2) be submitted to the court in the county in which discovery
is to be conducted.
Sec. 10. In applying and construing this chapter, consideration
must be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact the Uniform
Interstate Depositions and Discovery Act.
Sec. 11. This chapter applies to requests for discovery in cases:
(1) pending on July 1, 2010; and
(2) filed after June 30, 2010.
ARTICLE 59. UNIFORM UNSWORN FOREIGN DECLARATIONS ACT
Chapter 1. Uniform Unsworn Foreign Declarations Act
Sec. 1. (a) This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the United States.
(b) This chapter does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
Sec. 2. As used in this chapter, "boundaries of the United States" means the geographic boundaries of:
(1) the United States;
(2) Puerto Rico;
(3) the United States Virgin Islands; and
(4) any territory or insular possession subject to the jurisdiction of the United States.
Sec. 3. As used in this chapter, "law" includes the following:
(1) The federal or a state constitution.
(2) A federal or state statute.
(3) A judicial decision or order.
(4) A rule of court.
(5) An executive order.
(6) An administrative rule, regulation, or order.
Sec. 4. As used in this chapter, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Sec. 5. As used in this chapter, "sign" means, with present intent to authenticate or adopt a record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record an electronic symbol, sound, or process.
Sec. 6. As used in this chapter, "state" means any of the following:
(1) A state of the United States.
(2) The District of Columbia.
(3) Puerto Rico.
(4) The United States Virgin Islands.
(5) A federally recognized Indian tribe.
(6) Any territory or insular possession subject to the jurisdiction of the United States.
Sec. 7. (a) As used in this chapter, "sworn declaration" means a declaration in a signed record given under oath.
(b) The term includes a sworn statement, verification, certificate, and affidavit.
Sec. 8. As used in this chapter, "unsworn declaration" means a declaration in a signed record that is not given under oath but is given under penalty of perjury.
Sec. 9. (a) Except as provided in subsection (b), if an Indiana law requires or allows the use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.
(b) This chapter does not apply to:
(1) a deposition;
(2) an oath of office;
(3) an oath required to be given before a specified official other than a notary public;
(4) a declaration to be recorded under IC 32; or
(5) an oath required by IC 29-1-5.
Sec. 10. If an Indiana law requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be
presented in that medium.
Sec. 11. An unsworn declaration under this chapter must be in
substantially the following form:
I declare under penalty of perjury under the laws of Indiana
that the foregoing is true and correct, and that I am physically
located outside the geographic boundaries of the United States,
Puerto Rico, the United States Virgin Islands, and any territory or
insular possession subject to the jurisdiction of the United States.
Executed on the __________ day of __________, _________, at
(date) (month) (year)
___________________________, __________.
(city or other location, and state) (country)
________________________
(printed name)
________________________
(signature)
Sec. 12. In applying and construing this chapter, consideration
must be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact the Uniform
Unsworn Foreign Declarations Act.
Sec. 13. This chapter modifies, limits, and supersedes the federal
Electronic Signatures in Global and National Commerce Act (15
U.S.C. 7001 et seq.) but does not:
(1) modify, limit, or supersede 15 U.S.C. 7001(c); or
(2) authorize electronic delivery of any of the notices
described in 15 U.S.C. 7003(b).