Out-of-State Subpoenas & Interstate Discovery [2019 Edition]


CLE credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

This CLE will discuss all things related to serving cross-state and cross-district subpoenas in state and federal courts. The presenters will discuss the Uniform Interstate Depositions and Discovery Act, the Uniform Foreign Depositions Act, and the various state-specific subpoena requirements when dealing with serving subpoenas in different jurisdictions. Amongst other things, the CLE will focus on practical pointers for strategically planning interstate discovery. This live webinar will help practitioners with the most commonly presented cross-border and interstate discovery issues from attorneys who have litigated matters in dozens of states.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Procedures to obtain out-of-state subpoenas
•   Traps for the unwary when seeking out-of-state subpoenas
•   Serving cross-district Federal Subpoenas
•   Enforcement of out-of-state subpoenas

Date / Time: February 24, 2020

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: May 9, 2019

Evan M. Goldman, Esq. is partner at A.Y. Strauss and serves as chair of the Franchise and Hospitality practice group. Evan is a leading expert on franchises, working closely with both franchisor and franchisee clients to draft, negotiate, and register disclosure documents, franchise agreements, and related key documentation. Evan represents franchisor and franchisee clients in dispute categories such as termination issues, breach of contract, trademark infringement disputes, fraud claims, employment matters, and enforcement of non-competition. In addition to leading the firm’s Franchise and Hospitality practice group, Evan is a member of A.Y. Strauss’ Litigation group, where he lends his expertise to business litigation matters, including partnership disputes, and construction, labor, and discrimination lawsuits.

Susan V. Metcalfe, Esq. is a partner at Potomac Law Group, and practices in the area of litigation, representing clients in disputes involving trademark, copyright and trade secret; non-competition agreements; product liability; breach of contract; directors and officers liability; and sales and manufacturing. Ms. Metcalfe has represented global franchisors and other companies in litigation involving wrongful franchise termination, breach of manufacturing agreements under the Uniform Commercial Code and other business disputes. She has prosecuted trademark infringement actions and helped clients in a variety of other intellectual property litigation matters.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

    Automatic MCLE Approvals

All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NH, NM, NJ, NY, WV, and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

    Live Video Broadcasts

Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, SC, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

    “Live” Re-Broadcasts

“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, SC, and LA]

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

Section I. Scope of presentation
a) Out-of-state subpoenas are for state-court civil matters
b) Cross-District federal court subpoenas;

Section II. Special considerations
a) Bar opinions that found it is unethical to serve unenforceable subpoenas
b) Discussion of what makes a subpoena unenforceable
c) UPL considerations when taking out-of-state deposition

Section III. Strategically planning interstate discovery

Section IV. Three procedures to obtain out-of-state subpoenas
a) Uniform Interstate Depositions and Discovery Act
b) Uniform Foreign Depositions Act / Commission / Notice
c) Court involvement required

Section V. Factors to weigh in deciding to issue out-of-state subpoenas

Section VI. Nuances in various state court procedures; tips for the unwary

Section VII. Serving the out-of-state subpoena

Section VIII. Enforcement of out-of-state subpoena
a) Strategy and documents needed to enforce out-of-state subpoena
b) Strategy to oppose an out-of-state subpoena when representing the nonparty
c) Recent changes to the Federal Rules of Civil Procedure