Out-of-State Subpoenas & Interstate Discovery [2022 Edition]

Timothy F. Campbell | Sweet Dewberry Hubbard, PLC

Timothy F. Campbell graduated from Oklahoma City University School of Law in 2011 and has spent his career thus far practicing solely in the area of civil litigation. Mr. Campbell has represented clients in a variety of insurance defense and/or insurance litigation matters and presently specializes in medical malpractice defense. He can be reach at the contact information below:

Timothy F. Campbell

Sweet Dewberry Hubbard, PLC 24 West Park Place

Oklahoma City, OK 73103

Direct: 405-601-9400

[email protected]

I. Scope of presentation | 2:00pm – 2:15pm

1. Out-of-state subpoenas are for state-court civil matters
2. Cross-District federal court subpoenas

II. Ethics considerations | 2:15pm – 2:30pm

1. Bar opinions that found it is unethical to serve unenforceable subpoenas
2. Discussion of what makes a subpoena unenforceable
3. UPL considerations when taking out-of-state deposition

III. Strategically planning interstate discovery | 2:30pm – 2:45pm

IV. Three procedures to obtain out-of-state subpoenas | 2:45pm – 3:00pm

1. Uniform Interstate Depositions and Discovery Act
2. Uniform Foreign Depositions Act / Commission / Notice
3. Court involvement required

Break | 3:00pm – 3:10pm

V. Factors to weigh in deciding to issue out-of-state subpoenas | 3:10pm – 3:25pm

VI. Nuances in various state court procedures; tips for the unwary | 3:25pm – 3:40pm

VII. Serving the out-of-state subpoena | 3:40pm – 3:55pm

VIII. Enforcement of out-of-state subpoena | 3:55pm – 4:10pm

1. Strategy and documents needed to enforce out-of-state subpoena
2. Strategy to oppose an out-of-state subpoena when representing the nonparty
3. Recent changes to the Federal Rules of Civil Procedure