If you are a Nevada resident and receive a subpoena from out of state, do you have to respond to it? You do if the subpoena conforms to the Interstate Depositions and Discovery Act, which became effective in Nevada October 2011.
Under the Act, there are new procedures for interstate depositions and discovery in Nevada which pertain to out-of-state subpoenas. Specifically, the out-of-state attorney must determine in which county you reside (or the county in which your company is headquartered). The attorney must submit the subpoena to the clerk of the court for that county. The clerk will then issue the subpoena to the attorney, who will serve it to you. The newly issued subpoena must use the same terms in the original subpoena. It must also include the contact information for all counsel involved with the subpoena as well as any relevant person who is not represented by counsel.
Previously in civil cases, it has been incredibly difficult to subpoena parties out of state. The intent of the Act is to eliminate the requirement for the out-of-state attorney to obtain a commission or local lawyer in the state where the subpoena is issued. It also greatly decreases the amount of court involvement necessary to obtain discovery out of state.
The Act facilitates interstate depositions and discovery in Nevada, along with the majority of other states in the country that have adopted the same provisions. It allows for greater legal cooperation and significantly reduces costs for litigants. Because so much business is conducted across state lines, especially with the increased role of technology in industry, it is highly unlikely that all parties involved in discovery will reside in the same state. The Act is an extremely beneficial tool for anyone doing business in modern times, and for Nevada residents who may have to initiate court proceedings in the future, it is quite helpful to know that interstate depositions and discovery are now much more easily accomplished.
However, the Act does not prevent the deponent from contesting the subpoena. In that instance, the litigant would need to hire additional counsel in the state where the subpoena was served, in order to defend or enforce the subpoena in court. Even though interstate depositions and discovery in Nevada are covered by the Act, the party still has a right to appear in court and fight the subpoena if their attorney has advised them to do so.
Interstate depositions and discovery in Nevada are covered by the Interstate Depositions and Discovery Act, adopted by Nevada in October 2011. Residents who are issued an out-of-state subpoena should confirm that it complies with the rules of the Act as they pertain to interstate depositions and discovery in Nevada.
The Law Office of Hayes and Welsh can assist out of state law firms in obtaining a foreign deposition subpoena. Visit their website for more information.
