Discovery is one of, if not the, most important aspect of a lawsuit. Through the various tools outlined in the Rules of Civil Procedure, parties can uncover invaluable documents and testimony to aid in pursuing or defending against claims. A key part of this process is third-party discovery. Parties in a lawsuit identify non-parties that may hold the keys to victory in a case, and compel discovery through subpoenas. But the subpoena process does not always stay neatly within state lines.
What happens when a litigant seeks to compel discovery from an out-of-state third party? Can a litigant in California compel discovery from a witness in Ohio? Through the subpoena domestication process outlined in the Uniform Interstate Depositions and Discovery Act (UIDDA), indispensable out-of-state information can be sought outside your state.
What Is The UIDDA?
The UIDDA is a uniform law adopted and enacted by 47 states, including Ohio. The legislatures of the three remaining states (Massachusetts, Missouri, and New Hampshire) have all introduced the UIDDA for consideration. Ohio adopted the UIDDA in 2016, and it is codified in Ohio Revised Code Section 2319.09.
The UIDDA allows for subpoena domestication, or the process of submitting a foreign (out-of-state) subpoena to the jurisdiction of the target state. In other words, a litigant in California can submit a California subpoena to a court in Ohio and compel discovery or testimony from an Ohio third-party.
How Do I Domesticate A Subpoena In Ohio?
Under Ohio Revised Code Section 2319.09(C), the issuance of a foreign subpoena in Ohio is relatively straightforward, but the process must also be followed carefully. A foreign litigant must first obtain a subpoena from their home state. Once issued, the foreign litigant must then submit their subpoena to the clerk of court in the county where the discovery is sought. For example, a California litigant seeking information from a party in Cleveland must submit their California subpoena to the Cuyahoga County Clerk of Courts. See R.C. § 2319.09(C)(1).
Once submitted, the clerk of court will issue the subpoena for service on the third party. Importantly, because the subpoena has now been issued by an Ohio court, the Ohio third party must comply with it under the Ohio Rules of Civil Procedure. In other words, the foreign subpoena can now be enforced in Ohio.
Another important thing to note is that submitting a foreign subpoena to Ohio courts “does not constitute an appearance in the courts of this state.” R.C. § 2319.09(C)(1).
While this may seem like a trivial or negligible step, at least one court in Ohio has found that failure to comply with the process outlined in the UIDDA results in the out-of-state subpoena having no force and effect in Ohio. See U.S. Bank Trust N.A. v. Keane, 2024-Ohio-727, ¶ 24 n.1 (8th Dist.) (“The Keanes did not even attempt to follow these procedures; thus, the out-of-state subpoena had no force and effect.”). In order to avoid any issues with subpoena compliance, the best practice is to conform to the UIDDA procedure.
How Do I Domesticate An Ohio Subpoena In Another State?
If you’re looking to domesticate an Ohio subpoena in one of the other 47 states that have adopted the UIDDA, you’re in luck. The process is likely similar, if not the same, as the process in Ohio. However, it is important to note that each state may have different local requirements or slightly different versions of the UIDDA. It is important to be familiar with local rules and statutes for the state in which you would like to enforce the subpoena.
Conclusion
The UIDDA has streamlined the subpoena domestication process for most states in the United States. However, despite the process being streamlined, it is still important to be familiar with local rules and statutes in Ohio and elsewhere. If you have any questions about subpoena domestication, Cavitch, Familo & Durkin is here to help. The experienced attorneys at Cavitch can provide tailored guidance to navigate the process of domesticating your subpoena.