HB399 Summary

• Enacts the Alabama Uniform Interstate Depositions and Discovery Act, enabling out-of-state litigants to conduct depositions and discovery in Alabama by submitting a foreign subpoena to a county circuit clerk.

• Requires circuit court clerks to promptly issue a subpoena for service upon the person named in the foreign subpoena, incorporating the foreign subpoena's terms and including contact information for all counsel of record.

• Mandates that subpoenas include a notice stating recipients have 15 days to object by submitting a written objection to both the party initiating the subpoena and the local court clerk.

• Applies Alabama Rules of Civil Procedure and applicable state law to subpoenas issued under this act, with Rule 45 of Civil Procedure governing service and Rule 28(b)(3) and (c) no longer effective to the extent of conflict.

• Takes effect January 1, 2013, and applies to discovery requests in cases pending on or filed after that date; discovery privileges only extend to out-of-state persons if their home jurisdiction extends similar privileges to Alabama residents.