Domesticate Subpoena
                                        Chapter 624D, Haw Rev'd Statutes
                      

            
UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

    [§624D‑1]  Short title.  This chapter may be cited as the Uniform Interstate
Depositions and Discovery Act. [L 2012, c 17, pt of §1]



    [
§624D-2]  Definitions.  In this chapter:
    "Foreign jurisdiction" means a state other than this State.

    "Foreign subpoena" means a subpoena issued under authority of a court of
record of a foreign jurisdiction.

    "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.

    "State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, a federally recognized Indian tribe, or any territory
or insular possession subject to the jurisdiction of the United States.
    "Subpoena" means a document, however denominated, issued under authority
of a court of record requiring a person to:

    (1)  Attend and give testimony at a deposition;

    (2)  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

    (3)  Permit inspection of premises under the control of the person. [L 2012, c 17,
pt of §1]



    [§624D-3]  Issuance of subpoena.  (a)  To request issuance of a subpoena
under this section, a party shall submit a foreign subpoena to a clerk of court in the
circuit in which discovery is sought to be conducted in this State.  A request for the
issuance of a subpoena under this chapter does not constitute an appearance in
the courts of this State.

    (b)  When a party submits a foreign subpoena to a clerk of court in this State, the
clerk, in accordance with that court's procedure, shall promptly issue a subpoena
for service upon the person to which the foreign subpoena is directed.
    (c)  A subpoena under subsection (b) shall:

    (1)  Incorporate the terms used in the foreign subpoena; and

    (2)  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. [L 2012, c 17, pt of §1]


    [
§624D-4]  Service of subpoena.  A subpoena issued by a clerk of court under
section 624D‑3 shall be served in compliance with rule 45(c) of the Hawaii rules of
civil procedure. [L 2012, c 17, pt of §1]


    [§624D-5]  Deposition, production, and inspection.  Rules 26, 27, 28, 29, 30, 31,
34(c), and
45 of the Hawaii rules of civil procedure shall apply to subpoenas issued
under section 624D‑3. [L 2012, c 17, pt of §1]



    [
§624D-6]  Application to court.  A motion to the court for a protective order or
to enforce, quash, or modify a subpoena issued by a clerk of court under section
624D‑3 shall comply with the rules of court and statutes of this State and be
submitted to the court in the circuit in which discovery is to be conducted. [L 2012,
c 17, pt of §1]


    [
§624D-7]  Application to pending actions.  This chapter applies to requests
for discovery in cases pending on April 12, 2012. [L 2012, c 17, pt of §1]



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