Bill Text: PA SB79 | 2011-2012 | Regular Session | Amended

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Bill Title: In bases of jurisdiction and interstate and international procedure, providing for foreign depositions and subpoenas; and repealing provisions relating to foreign depositions.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2012-10-24 - Act No. 183 [SB79 Detail]

Download: Pennsylvania-2011-SB79-Amended.html

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HOUSE AMENDED
PRIOR PRINTER'S NO. 64 PRINTER'S NO. 2431
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 79 Session of2011
INTRODUCED BY GREENLEAF, KITCHEN, TARTAGLIONE AND WASHINGTON, JANUARY 12, 2011
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 1, 2012
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in bases of jurisdiction
and interstate and international procedure, providing for
foreign depositions and subpoenas; and repealing provisions
relating to foreign depositions and evidence. <--
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5326 and 5328 of Title 42 of the <--
Pennsylvania Consolidated Statutes are repealed:
Section 1. Section 5326 of Title 42 of the Pennsylvania <--
Consolidated Statutes is repealed:
[§ 5326. Assistance to tribunals and litigants outside this
Commonwealth with respect to depositions.
(a) General rule.--A court of record of this Commonwealth
may order a person who is domiciled or is found within this
Commonwealth to give his testimony or statement or to produce
documents or other things for use in a matter pending in a
tribunal outside this Commonwealth. The order may be made upon
the application of any interested person or in response to a
letter rogatory and may prescribe the practice and procedure,
which may be wholly or in part the practice and procedure of the
tribunal outside this Commonwealth, for taking the testimony or
statement or producing the documents or other things. To the
extent that the order does not prescribe otherwise, the practice
and procedure shall be in accordance with that of the court of
this Commonwealth issuing the order. The order may direct that
the testimony or statement be given, or document or other thing
produced, before a person appointed by the court. The person
appointed shall have power to administer any necessary oath.
(b) Voluntary compliance.--A person within this Commonwealth
may voluntarily give his testimony or statement or produce
documents or other things for use in a matter before a tribunal
outside this Commonwealth.] <--
§ 5328. Proof of official records. <--
(a) Domestic record.--An official record kept within the
United States, or any state, district, commonwealth, territory,
insular possession thereof, or the Panama Canal Zone, the Trust
Territory of the Pacific Islands, or an entry therein, when
admissible for any purpose, may be evidenced by an official
publication thereof or by a copy attested by the officer having
the legal custody of the record, or by his deputy, and
accompanied by a certificate that the officer has the custody.
The certificate may be made by a judge of a court of record
having jurisdiction in the governmental unit in which the record
is kept, authenticated by the seal of the court, or by any
public officer having a seal of office and having official
duties in the governmental unit in which the record is kept,
authenticated by the seal of his office.
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(b) Foreign record.--A foreign official record, or an entry
therein, when admissible for any purpose, may be evidenced by an
official publication or copy thereof, attested by a person
authorized to make the attestation, and accompanied by a final
certification as to the genuineness of the signature and
official position:
(1) of the attesting person; or
(2) of any foreign official whose certificate of
genuineness of signature and official position either:
(i) relates to the attestation; or
(ii) is in a chain of certificates of genuineness of
signature and official position relating to the
attestation.
A final certification may be made by a secretary of embassy or
legation, consul general, consul, vice consul, or consular agent
of the United States, or a diplomatic or consular official of
the foreign country assigned or accredited to the United States.
If reasonable opportunity has been given to all parties to
investigate the authenticity and accuracy of the documents, the
tribunal may, for good cause shown, admit an attested copy
without final certification or permit the foreign official
record to be evidenced by an attested summary with or without a
final certification.
(c) Alternative method for certain domestic and foreign
records.--The statutes, codes, written laws, executive acts, or
legislative or judicial proceedings of any domestic or foreign
jurisdiction or governmental unit thereof may also be evidenced
by any publication proved to be commonly accepted as proof
thereof in the tribunals having jurisdiction in that
governmental unit.
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(d) Lack of record.--A written statement that after diligent
search no record or entry of a specified tenor is found to exist
in the records designated by the statement, authenticated as
provided in this section in the case of a domestic record, or
complying with the requirements of this section for a summary in
the case of a record in a foreign country, is admissible as
evidence that the records contain no such record or entry.]
Section 2. Chapter 53 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER B.1
FOREIGN DEPOSITIONS AND SUBPOENAS
Sec.
5331. Short title of subchapter.
5332. Scope of subchapter.
5333. Definitions.
5334. Principles of construction.
5335. Issuance of subpoena.
5336. Pennsylvania rules applicable.
5337. Application to court.
§ 5331. Short title of subchapter.
This subchapter shall be known and may be cited as the
Uniform Interstate Depositions and Discovery Act.
§ 5332. Scope of subchapter.
This subchapter shall apply to any civil action or proceeding
in a foreign jurisdiction where discovery is sought in this
Commonwealth.
§ 5333. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Foreign jurisdiction." A state other than Pennsylvania.
"Foreign subpoena." A subpoena issued under authority of a
court of record of a foreign jurisdiction.
"Person." An individual, corporation, business trust,
estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government or
governmental subdivision, agency or instrumentality or any other
legal or commercial entity.
"Prothonotary." The term includes a clerk of court, where
applicable.
"State." A state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, a
federally recognized Indian tribe or any territory or insular
possession subject to the jurisdiction of the United States.
"Subpoena." A document, however denominated, issued under
authority of a court of record requiring a person to:
(1) attend and give testimony at a deposition, hearing
or trial;
(2) produce and permit inspection and copying of
designated books, documents, records, electronically stored
information or tangible things in the possession, custody or
control of the person; or
(3) permit inspection of premises under the control of
the person.
§ 5334. Principles of construction.
In applying and construing this subchapter, consideration
shall be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
§ 5335. Issuance of subpoena.
(a) General rule.--To request issuance of a subpoena under
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this section, a party must submit a foreign subpoena to a
prothonotary in the jurisdiction in which the person who is the
subject of the order resides, is employed or regularly transacts
business in person. A request for the issuance of a subpoena
under this subchapter does not constitute an appearance in the
courts of this Commonwealth.
(b) Duty of prothonotary.--A prothonotary in receipt of a
foreign subpoena shall, in accordance with that court's
procedure, promptly issue a subpoena for service upon the person
to whom the foreign subpoena is directed.
(c) Contents of subpoena.--A subpoena under subsection (b)
must:
(1) Incorporate the terms used in the foreign subpoena.
(2) Contain or be accompanied by the names, addresses
and telephone numbers of all counsel of record in the
proceeding to which the subpoena relates and of any party not
represented by counsel.
(d) Voluntary compliance.--A person within this Commonwealth <--
not served with a subpoena under this section may voluntarily
give his testimony or statement or produce documents or other
things for use in a matter before a tribunal outside this
Commonwealth.
§ 5336. Pennsylvania rules applicable.
The Pennsylvania Rules of Civil Procedure and any statutes
relating to service of subpoenas and compliance with subpoenas
shall apply to all subpoenas issued under this subchapter. Such
rules shall include, but are not limited to, the following:
No. 4009.21 (relating to Subpoena Upon a Person Not a
Party for Production of Documents and Things. Prior Notice.
Objections).
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No. 4009.22 (relating to Service of Subpoena).
No. 4009.23 (relating to Certificate of Compliance By a
Person Not a Party. Notice of Documents or Things Received).
No. 4009.24 (relating to Notice of Intent to Serve
Subpoena. Objection to Subpoena. Forms).
No. 4009.25 (relating to Certificate Prerequisite to
Service of Subpoena. Form).
No. 4009.26 (relating to Subpoena to Produce Documents or
Things. Form).
No. 4009.27 (relating to Certificate of Compliance.
Form).
§ 5337. Application to court.
(a) General rule.--An application to a court for a
protective order or to enforce, quash or modify a subpoena
issued by a prothonotary under section 5335 (relating to
issuance of subpoena) must comply with the rules and statutes of
this Commonwealth and be submitted to the court that ordered
service of the subpoena.
(b) Authority for order.--Upon application, the court may
proceed as provided by the applicable rules and laws of this
Commonwealth, including, but not limited to: section 4132
(relating to attachment and summary punishment for contempt);
Chapter 59 (relating to depositions and witnesses); Pa.R.C.P.
Nos. 4011 (relating to Limitation of Scope of Discovery and
Deposition) and 4012 (relating to Protective Orders).
Section 3. The addition of 42 Pa.C.S. Ch. 53 Subch. B.1
applies to requests for discovery in cases pending on the
effective date of this section.
Section 4. This act shall take effect in 60 days.
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