The Oklahoma Bar Journal August 2022

of a local subpoena and return mailing of the newly issued sub poena. If you go the mail route as opposed to using a process server, it is advisable to allow plenty of time for the party to be served with the subpoena to comply. In one case, this author did not allow for adequate time, and the response deadline contained in the sub poena had run before it could be served. This required the issuance of an amended subpoena and payment of an additional fee. This issue can be avoided by retaining a local process server to both obtain and serve your subpoena in the foreign jurisdiction. With the adoption of the UIDDA, practitioners in other states can now issue both docu ment and deposition subpoenas in Oklahoma with relative ease. If your practice involves assisting Oklahoma clients with subpoena compliance, it is likely you will eventually see an Oklahoma sub poena issued in connection with an action pending in another state. So long as the subpoena in ques tion complies with Oklahoma’s version of the UIDDA, it is a valid and enforceable subpoena. Disputes over subpoena enforce ment may then be heard in the county in Oklahoma from which the subpoena was issued. More importantly, if your practice fre quently crosses state lines or com monly involves seeking sources of proof located outside Oklahoma, the UIDDA can be a valuable tool for cutting the time and cost typically associated with conduct ing subpoena-based discovery in other states. Unfortunately, the state in which an Oklahoma prac titioner is most likely to seek out of-state discovery, Texas, has yet to sign on to the UIDDA. However, as the vast majority of states have CONCLUSION

discovery is sought. Once you have located the UIDDA for the state where the source of proof is located, it is advisable to contact the court clerk in the court where the subpoena will be served. Remember, the UIDDA does give court clerks some leeway with respect to “that court’s procedure” for issuing a subpoena pursuant to that state’s version of the UIDDA. This discretion leads to some vari ability in the process of seeking discovery pursuant to the UIDDA. Typically, the court clerk will require a letter invoking the local version of the UIDDA and the payment of a small fee for issuance of the foreign subpoena. However, the author has encountered at least one jurisdiction (Illinois) that also required the completion of a local form subpoena proscribed for use in that state. Once the clerk receives your duly issued Oklahoma sub poena, they should then issue a local subpoena conforming to the Oklahoma subpoena. The local subpoena will then be transmitted back to counsel for service pursuant to the for eign jurisdiction’s procedures for service of subpoenas. Again, this will require an examination of that state’s law regarding proper service of subpoenas. Another means of ensuring compliance with foreign state law in this regard is to retain a local process server to handle service of the subpoena in accor dance with state law. This author recently used a process server to present an Oklahoma subpoena to the court clerk and then serve the local subpoena pursuant to state law. This may be preferable in cases where time is of the essence or when local law only permits personal service of subpoenas. Another issue to be cognizant of is the turnaround time needed for mailing the Oklahoma subpoena to the foreign jurisdiction, issuance

adopted the UIDDA, subpoena discovery in those jurisdictions has been greatly simplified thanks to the UIDDA.

ABOUT THE AUTHOR

Timothy F. Campbell is an attorney at Sweet Dewberry Hubbard PLC. His practice focuses primarily on medical

malpractice defense and related civil litigation matters. Mr. Campbell received his J.D. from the OCU School of Law in 2011.

ENDNOTES

1. https://bit.ly/3NzSFmr. 2. “The Uniform Depositions and Discovery Act – A Summary.” https://bit.ly/3ulIXxl. 3. As of the date of this writing, only Texas, Massachusetts, New Hampshire and Wyoming have failed to adopt the UIDDA, while the 2007 model language was introduced and passed committee in the Missouri Legislature during the 2022 term but did not receive a full floor vote. 4. Rule 45(b)(2) expressly provides, “A subpoena may be served at any place within the United States.” 5. See , e.g., 12 O.S. §3228(b)(3). In addition, while Oklahoma law previously permitted the county district court where discovery was to be had to issue Oklahoma deposition and document subpoenas in actions pending outside the state pursuant to 12 O.S. §2004.1(2)(a-c), these provisions were not often used and lacked the specificity of process provided by the UIDDA. Although the UIDDA did not repeal these provisions, it is likely they will be even less frequently utilized due to the widespread adoption of the UIDDA.

6. 12 O.S. §3251(1). 7. 12 O.S. §3251(2). 8. 12 O.S. §3251(5)(a-c). 9. 12 O.S. §3251(3). 10. 12 O.S. §3252(A). 11. 12 O.S. §3252(B). 12. 12 O.S. §3252(A). 13. 12 O.S. §3255. 14. Id . 15. See , Rule 45(d)(3)(B).

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THE OKLAHOMA BAR JOURNAL