Chapter 4A. Interstate Depositions and Discovery; Uniform Act.

§ 13–441. Short title.

This chapter may be cited as the “Uniform Interstate Depositions and Discovery Act”.

§ 13–442. Definitions.

For the purposes of this chapter, the term:

(1) “Foreign jurisdiction” means a state other than the District of Columbia.

(2) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.

(3) “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” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(5) “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

(6) “Superior Court” means the Superior Court of the District of Columbia.

§ 13–443. Issuance of subpoena.

(a) To request issuance of a subpoena under this section, a party shall submit a foreign subpoena and a copy of the sworn statement required under § 13-449(b) [§ 13-449] to the Clerk of the Superior Court. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of the District of Columbia.

(b) Except as provided in subsection (d) of this section, when a party submits a foreign subpoena to the Clerk of the Superior Court, the clerk, in accordance with the Rules of the Superior Court, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(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.

(d) If a party submits a document to the Clerk of the Superior Court that would be a valid foreign subpoena except that the party seeking enforcement and their counsel refuse to provide the affirmation required by § 13-449, then the Clerk shall not issue the requested subpoena and shall instead issue to the person to whom the document is directed a copy of the document and a notice of violation of § 13-449 on a form developed by the Clerk of the Superior Court.

§ 13–444. Service of subpoena.

A subpoena issued by a Clerk of Superior Court under § 13-443 shall be served in compliance with § 11-942 and applicable rules of the Superior Court for the service of subpoenas.

§ 13–445. Deposition, production, and inspection.

The rules of the Superior Court applicable to compliance with subpoenas to attend and give testimony, produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises apply to subpoenas issued under § 13-443.

§ 13–446. Application to Superior Court.

An application to the Superior Court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under § 13-443 shall comply with the Rules of the Superior Court and laws of the District and shall be submitted to the Superior Court.

§ 13–447. Uniformity of application and construction.

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it[.]

§ 13–448. Application to pending actions.

This chapter applies to requests for discovery in cases pending on May 22, 2010.

§ 13–449. Affirmation of noninterference with bodily autonomy.

A subpoena issued under the authority of a court of record of a foreign jurisdiction shall not be recognized as a valid foreign subpoena unless it is accompanied by a sworn written statement signed by the party seeking enforcement or their counsel under penalty of perjury that no portion of the subpoena is intended or anticipated to further any investigation or proceeding of a type described in § 2-1441.02(a) [§ 2-1461.01(a)].