Tennessee EQUITY — Uniform Interstate Depositions and Discovery Act is a set of rules and procedures that govern the taking of depositions and discovery in Tennessee cases involving parties from different states. The Act provides uniform procedures for parties in Tennessee to initiate and complete discovery in the form of depositions and requests for documents, interrogatories, and admissions. It also establishes rules and guidelines for the service of subpoenas, the taking of depositions, and the exchange of information between the parties in an interstate case. The Act applies to all civil actions in Tennessee courts, including federal cases. There are two types of Tennessee EQUITY — Uniform Interstate Depositions and Discovery Act: the original version, which is found in Tennessee Code Annotated §20-5-101 et seq., and the amended version, which is found in Tennessee Code Annotated §20-5-201 et seq.
Tennessee EQUITY - Uniform Interstate Depositions And Discovery Act
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FAQ
Missouri has not enacted the Uniform Interstate Depositions and Discovery Act (or UIDDA), making it a non-UIDDA state. The state of Missouri has its own rules and regulations regarding the domestication and service of out-of-state subpoenas (subpoenas originating in courts outside of Missouri).
(d) Service ? Tender of Fees and Mileage Not Required. A subpoena may be served by any peace officer or by any other person who is not a party and who is not less than 18 years of age. A subpoena may be served any place within the state. Fees and mileage need not be tendered to the witness upon service of a subpoena.
Responses to discovery requests shall be made within 15 days of service of the request or not less than 10 days prior to trial, whichever is earlier. The response time may be extended for good cause, but no more than one extension may be granted without notice to the opposing party.
Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody,
Tennessee Rule of Civil Procedure 30.01 governs when you can take a deposition. Under Rule 30.01, testimony of any person, including a party, make be taken by deposition upon oral examination following commencement of an action.
It is illegal for a discovery subpoena issued in Missouri to be served on a witness located outside of the state. To depose a witness who lives out of state, a party may apply to the court overseeing the case for a commission. The court must issue a commission or a letter rogatory for a witness in a foreign country.
Rule 45.04 - Subpoena for Taking Depositions - Place of Deposition (1) A subpoena for taking depositions may be issued by the clerk of the court in which the action is pending.
Tennessee law requires a durable power of attorney to be either signed before two witnesses or signed and notarized in order to be valid. It also must specifically state its authorization to make health care decisions.
