An Act To Adopt the Uniform Interstate Depositions and Discovery Act
Maine Legislature, Session 129, LD 1212
Committee: Judiciary
Sponsors: CARDONE, CARPENTER, HARNETT

Legislative Document
No. 1212
H.P. 876
House of Representatives, March 12, 2019
An Act To Adopt the Uniform Interstate Depositions and Discovery 
Act
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CARDONE of Bangor.
Cosponsored by Senator CARPENTER of Aroostook and
Representative: HARNETT of Gardiner.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA c. 15 is enacted to read:
CHAPTER 15
UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT
§401.  Short title
This chapter may be known and cited as "the Uniform Interstate Depositions and 
Discovery Act."
§402.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Foreign jurisdiction.  "Foreign jurisdiction" means a state other than this State.
2.  Foreign subpoena.  "Foreign subpoena" means a subpoena issued under authority 
of a court of record of a foreign jurisdiction.
3.  Person.  "Person" means 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.
4.  State.  "State" means 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.
5.  Subpoena.  "Subpoena" means a document, however denominated, issued under 
authority of a court of record requiring a person to:
A.  Attend and give testimony at a deposition;
B.  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
C.  Permit inspection of premises under the control of the person.
§403.  Issuance of subpoena
The issuance of a subpoena is governed by this section.
1.  Request issuance.  To request issuance of a subpoena under this section, a party 
must submit a foreign subpoena to the clerk of a District Court in the district or to the 
clerk of the Superior Court of the county in which the discovery is to be conducted.  A 
request for the issuance of a subpoena under this Act does not constitute an appearance in 
the courts of the State.
2.  Submission of foreign subpoena.  When a party submits a foreign subpoena to a 
clerk of court in the State, the clerk, in accordance with that court's procedure, shall 
promptly issue a subpoena for service upon the person to which the foreign subpoena is 
directed.
3.  Requirements.  A foreign subpoena submitted under subsection 2 must:
A.  Incorporate the terms used in the foreign subpoena; and
B.  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.
§404.  Service of subpoena
A subpoena issued by a clerk of court under section 403 must be served in 
compliance with the Maine Rules of Civil Procedure, Rule 45.
§405.  Deposition, production and inspection
The Maine Rules of Civil Procedure and the provisions of Title 16, sections 101, 102 
and 251 apply to depositions and discovery carried out under this Act and subpoenas 
issued under section 403.
§406.  Application to court
An application to the court for a protective order or to enforce, quash or modify a 
subpoena issued by a clerk of court under section 403 must comply with the Maine Rules 
of Civil Procedure and be submitted to the District Court in the district or to the Superior 
Court of the county in which the discovery is to be or is being conducted.
§407.  Uniformity of application and construction
In applying and construing this Act, consideration must be given to the need to 
promote uniformity of the law with respect to its subject matter among states that enact it.
§408.  Application to pending actions
Notwithstanding Title 1, section 302, this Act applies to requests for discovery in 
cases pending on the effective date of this Act.
SUMMARY
This bill enacts in Maine law the Uniform Interstate Depositions and Discovery Act.