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House Bill 1350

House Bill 1350

ARCHIVE (2010)

Latest Information

DIGEST OF HB1350 (Updated February 23, 2010 4:42 pm - DI 84)

Uniform acts concerning civil procedure. Enacts the Uniform Interstate Depositions and Discovery Act. Allows litigants to present a clerk of the court located in the state where discoverable materials are sought with a subpoena issued by a court in the trial state. Provides that once the clerk receives the foreign subpoena, the clerk shall issue a subpoena for service upon the person or entity on which the original subpoena is directed. Specifies that the terms of the issued subpoena must incorporate the same terms as the original subpoena and contain the contact information for all counsel of record and any party not represented by counsel. Enacts the Uniform Unsworn Foreign Declarations Act. Affirms the use in state law proceedings of unsworn declarations made by declarants who are physically outside the boundaries of the United States when making the declaration. Provides that if an unsworn declaration is made subject to penalties for perjury and contains the information in the model form provided in the act, the statement may be used as an equivalent of a sworn declaration. Excludes use of unsworn declarations for depositions, oaths of office, oaths related to self-proved wills, declarations recorded under certain real estate statutes, and oaths required to be given before specified officials other than a notary.
Current Status:
Law Enacted
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