Defending Out of State Deposition Requests
Chelsea Lankford • September 20, 2023
Out of State Deposition Requests and UIDDA
An out-of-state deposition request becomes necessary when a party involved in a legal case needs to obtain testimony or evidence from a witness or entity located outside the jurisdiction of the court where the case is pending. This process ensures that relevant information can be acquired from witnesses, regardless of state lines, to ensure a comprehensive understanding of all aspects of the case and fair proceedings. The process can be time and cost consuming; however, most states have adopted the
Uniform Interstate Depositions and Discovery Act (UIDDA).
What is the Uniform Interstate Depositions and Discovery Act (UIDDA)?
The Uniform Interstate Depositions and Discovery Act (UIDDA) is a uniform law that has been adopted by many U.S. states to simplify and streamline the process of conducting depositions and discovery across state lines. Its primary purpose is to provide an efficient and cost-effective method for parties in one state to obtain discovery from non-parties in another state. The key features are:
- Streamlined Process for Out-of-State Discovery: The UIDDA simplifies the process of requesting discovery in another state by allowing attorneys to present a subpoena from the trial state (where the lawsuit is pending) to the "discovery state" (where the witness or evidence is located).
- Issuance of a Local Subpoena: Once the out-of-state subpoena is presented in the discovery state, it can be "domesticated" or converted into a local subpoena of the discovery state. This local subpoena can then be served and enforced like any other local subpoena in that state.
- Enforcement and Compliance: Once the local subpoena has been served, the person or entity that receives it must comply just as they would with any other subpoena issued in a case pending in their state. They also have the same rights to object or seek protection from the subpoena.
- No Requirement for Court Appearance: The UIDDA eliminates the need for an attorney to make an initial appearance in the discovery state's court just to issue a subpoena.
- Uniformity: Because it's a uniform law, the UIDDA aims to provide consistent procedures across the states that have adopted it. This reduces the confusion and complexity that can arise when attorneys are dealing with different discovery rules in different states.
UIDDA In Your Texas Law Practice
The Uniform Interstate Depositions and Discovery Act (UIDDA) offers a structured approach to facilitate out-of-state depositions and discovery. By providing a consistent methodology across adopting states, the UIDDA minimizes jurisdictional complexities lawyers previously encountered. Here's a succinct overview of the UIDDA in action:
- Initiation: Start the deposition request in the trial state where the lawsuit is ongoing.
- Transmitting Subpoena: Present the issued subpoena from the trial state to the discovery state where the witness or evidence is located.
- Local Subpoena Issuance: The discovery state's court clerk issues a local subpoena mirroring the out-of-state request.
- Service: The local subpoena is served according to the rules of the discovery state.
- Compliance and Disputes: Witnesses or entities served must comply as per the discovery state's rules, and any disputes over the subpoena are resolved under the laws of the discovery state.
- Protection: Persons subject to subpoenas are ensured protections under the discovery state’s rules and procedures.
- Enforcement: If compliance is not met, enforcement proceedings occur in the discovery state, adhering to that state's rules on contempt and compliance.
Representation During Out-of-State Depositions Through UIDDA.
When a deposition unfolds under the UIDDA, the process usually happens in the witness's home state, commonly termed the "discovery state." Interestingly, the attorney representing the witness can hail from the discovery state and doesn’t need credentials from the state where the main court case is ongoing. However, a key point to remember is that the deposition adheres to the rules of the discovery state. More often than not, attorneys representing witnesses have a solid grounding in the local laws of the discovery state, given their role in safeguarding their client's rights there. It's prudent for witnesses and parties to engage an attorney familiar with the particularities and regulations of the jurisdiction where the legal procedure, like a deposition, transpires.
In a notable legislative move, Texas enacted House Bill 3929, paving the way for the Texas Supreme Court to consider the adoption of the Uniform Interstate Depositions and Discovery Act by September 1, 2025. However, until a decision is rendered, Texas remains steadfast in applying the Texas Rule of Civil Procedure (TRCP) 201.2. When seeking to depose a Texas resident for litigation in a foreign jurisdiction, the procedure typically aligns as follows:
- Seeking Commission or Letters Rogatory: The court in the state where the case is pending (trial state) would typically issue a commission or letters rogatory. This is a formal request asking the Texas court to allow a deposition of a witness residing within its jurisdiction.
- Filing in Texas: With the commission or letters rogatory in hand, you would then file a miscellaneous action or its equivalent in a Texas court. This involves presenting the commission or letters rogatory, along with other relevant documents, to seek permission to depose the Texas-based witness.
- Issuance of a Subpoena in Texas: After receiving approval from the Texas court, a subpoena can be issued according to Texas rules to compel the witness to attend the deposition.
- Deposition Conducted Under Texas Rules: Even if the originating case is outside of Texas, the actual deposition process will be governed by Texas rules. This includes regulations related to the notification, location of the deposition, and the rights of the witness.
- Enforcement: If there are issues with the witness's compliance or if the witness opposes the deposition, enforcement actions would be pursued in a Texas court.
- Transporting the Deposition Out of Texas: Upon completion of the deposition, it's then sent to the trial state and can be employed in accordance with the rules of that state regarding the use of depositions in court proceedings.
What To Do If You Receive An Out Of State Subpoena
When faced with an out-of-state subpoena, it's essential to ascertain its legitimacy and understand its effects within the given jurisdiction. The maze of the legal procedure might appear complex at first glance. Yet, seeking advice from local legal experts, like Wilson Whitaker Rynell, can illuminate the path, clarifying rights and duties. Given their depth of knowledge and track record, timely and suitable reactions are certain. Relying on our litigation team for depositions is invaluable, especially when immediate and adept legal insight is crucial for maneuvering through possible intricacies and ensuring adherence to the rules.
Texas Senate Passes Bill Requiring Retroactive Child Support from Date of Conception
Copyright and Translated Content: Who Owns the Creative Rights? Understanding Copyright Law and Translation Copyright law protects creative work and bestows sole authority over the work upon the creators. For example, the owner of the work of a novel has the right over the work under the concept of the right under the copyright. Courts have found that “the degree of protection afforded by the copyright is measured by what is actually copyrightable in the publication and not by the entire publication.” See, e.g., Dorsey v. Old Sur. Life Ins. Co., 98 F.2d 872, 873 (10th Cir. 1938) (emphasis added). For translations, the situation is not very clear. Translations involve creative judgments over word translation and not the translation of mere words. Hence the knowledge about the applicability of the concept of the right over the work is essential for establishing the right over the work. For example, a Court in the Northern District of California stated that: “ the determinative question is whether Plaintiff holds a valid copyright. ” Signo Trading Intern. Ltd. v. Gordon, 535 F. Supp. 362, 363 (N.D. Cal. 1981). The Signo Trading Court dismissed Plaintiff’s infringement claims because plaintiff did not have a valid copyright as a matter of law in the translations and transliterations at issue because they lacked the “requisite originality.” Id. at 365. Can Translation Be Considered a Creative Process? The Practice of Translating Translation goes beyond the replacement of one word by the equivalent word from the source text. Translating literary work, poetry, and fiction with deeper meanings beyond the surface text is a complex, artistic process. Translating books like The Iliad, for instance, requires the practice of artistic translation to translate the emotions, thoughts, and the culture correctly. Technical Translations and Legal Translations Conversely, technical writing and texts for the law need less creativity and instead value correctness over all else. These writing forms require strict adherence to the original sense, leaving very little room for artistic interpretation. Translations for these writing forms thus typically involve less creative contribution and less potential for the work being protected by copyright. Why Is Creativity Important for Translations for Copyright? Originality when translating For a work to be subject to copyright, some creativity, however slight, is essential. Even when the translation is taken from the work, the translation also includes some creative work by the translator. This creativity can make the translation subject to copyright. A derivative work must “recast, transform[], or adapt[]” a preexisting work and “consist[] of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship.” Id. In other words, it must change or alter the pre-existing work’s content and must itself be an original work of authorship. The Supreme Court stated that “ [t]he sine qua non of copyright is originality ” and that “ [t]o qualify for copyright protection, a work must be original to the author. ” Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361 (1991) at 345. “Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity.” Id. (citing 1 M. Nimmer & D. Nimmer, Copyright §§ 2.01[A], [B] (1990)). In granting a Rule 12 motion to dismiss, the Signo Trading Court held that: " It is inconceivable that anyone could copyright a single word or a commonly used short phrase, in any language. It is also inconceivable that a valid copyright could be obtained for a phonetic spelling, using standard Roman letters, of such words or phrases. Although lists of words and translations of larger works may be copyrightable, Plaintiff cannot claim credit for any of the elements which make those things copyrightable. For these reasons, Plaintiff does not hold a valid copyright on the translations or transliterations ... " Signo Trading, 535 F. Supp. at 365. The Problem of the Derivative Work However, translations are generally "derivative works" - derived from the work of another. Because of this, the owner or author of the work is generally required to agree to the translation. Translations made illegally can be held under the classification of copyright violations, even when the translator has added creative elements. Who Has the Right over the Translated Work? Employer-Commissioned Translations Ownership of the copyright for the translation work varies. If the translation is commissioned by the owner of the original work, the owner will retain the right. Even when the translator adds creativity by passing over the original emotions and thoughts, the owner will not necessarily lose the right over the translation work. In some circumstances, the translation work can be accredited by the translator without them holding the right over the work. Independent Translations If a translation is performed independently by the translator, the translator can even be identified as the co-author of the translation. Nevertheless, the author typically has the underlying copyright, restricting the translator’s right over the work. Creative Translations from the Public Domain In certain cases, a translation may be creative enough to warrant its own copyright. For example, a translator adapting a classic work or a book in the public domain into modern language may introduce enough originality to qualify for copyright protection. However, direct, word-for-word translations are typically not considered original enough to receive new copyright protection. What About Machine Translations? The Human Creativity Copyright Requirement Machine-generated translations, including those produced by platforms like OpenAI , operate through advanced algorithms that replicate language patterns rather than capture the human touch. Unlike translations crafted by human translators who often infuse cultural insight and genuine emotion into the work, OpenAI's output is rooted in statistical patterns and data. Consequently, while these translations are impressively efficient and accurate, they typically fall short of the originality required for copyright protection. This distinction underscores the human creativity requirement needed to secure a valid copyright . Ultimately, although machine-generated translations serve as powerful tools, they do not offer the same legal and creative protections as those provided by human translators. The Bottom Line: Navigating Copyright in Translations Translations occupy the middle ground under the law of the copyright. Albeit the right of the original author generally has the right under the copyright, the right under the copyright can also be claimed by the translator provided the translation is creative enough. Central considerations here include the creativity the translator has added, the nature of the work being translated, and whether the work is under the public domain. These considerations establish the right of the owner under the copyright for the translation. Why Wilson Whitaker Rynell for Your Copyright Work? At Wilson Whitaker Rynell, our professional lawyers specialize in the practice of copyright law and copyright litigation , including the complex subject matter of translation work. We can provide you with advice about the ownership of your work under the provisions of the copyright, and protect your creative property. If you are the author, the publisher, or the translator, you can rely upon the advice from our firm. Copyright Translation FAQS
Strategic Legal Representation for Complex Business Litigation
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
Understanding Writs of Execution in Texas: A Layperson’s Guide If a court determines that someone owes money to another party, the debtor—referred to as the "judgment debtor"—typically has 30 days to pay off the debt. If the debt remains unpaid after this time, the creditor, or "judgment creditor," can take legal action to enforce the payment through a Writ of Execution . This legal process, governed by Texas law, enables creditors to collect what they are owed by seizing and selling the debtor’s non-exempt assets. What Is a Writ of Execution? Under Texas Rules of Civil Procedure 629 , a Writ of Execution is a court order that authorizes a sheriff or constable to seize the debtor’s property to satisfy the debt. This writ is an essential tool for creditors when voluntary repayment has not occurred. Once the writ is issued, it is handed over to a county constable or sheriff, who is required to act “without delay” in collecting the debtor’s real and personal property. The seized property is then sold, and the proceeds are used to pay off the debt. If multiple writs are filed against the same debtor, the assets are distributed in the order the writs were received. What Property Can Be Seized Under a Writ of Execution? Texas law is very specific about which types of property can and cannot be seized to satisfy a judgment. Exempt Property Certain assets are protected from seizure under Texas Property Code § 41.001. These include: The debtor’s homestead (primary residence) Wages earned from employment Professionally prescribed health aids Workers’ compensation benefits College savings plans Some insurance benefits Personal property valued up to $50,000 for individuals and $100,000 for families Unique to Texas, the law also protects items like family Bibles, two firearms, pets, and for rural residents, livestock (e.g., 12 head of cattle and 120 fowl). This extensive list reflects Texas's cultural heritage and values. Non-Exempt Property Assets that are generally not exempt include: Vacation homes Timeshares Pleasure boats Airplanes Jewelry exceeding certain value thresholds The specific procedures for seizing different types of property are detailed in Texas Rules of Civil Procedure 639 . Can a Writ of Execution Be Avoided? Judgment debtors have a few options to avoid the execution of a writ: Filing a Supersedeas Bond A supersedeas bond can temporarily halt enforcement of the writ. This bond, filed with the county clerk or justice of the peace, preserves the status quo while the debtor seeks further legal remedies. This option is governed by Texas Rules of Civil Procedure 634 . Challenging the Execution Debtors can file a claim for wrongful execution in situations such as: The debt has already been paid Exempt property is being seized The levy is excessive Additionally, courts take extra care to protect property classified as a homestead under Texas Property Code § 41.002(c) . When only one spouse is responsible for the debt, Texas Family Code § 3.202(a) and related provisions provide guidance on levying against community or separate property. The Role of County Officials in Executing the Writ Once the writ is issued, its enforcement falls on county officials, typically a sheriff or constable. These officials must act in accordance with Civ. Prac. & Rem. Code § 34.072 , which requires them to execute the writ and report back to the court. They must: Give proper notice of the sale of seized property Ensure the proceeds are appropriately delivered to the creditor Avoid overstepping legal boundaries, such as seizing exempt property Failing to execute the writ properly can result in serious consequences, where a sheriff’s refusal to levy on a property initially listed as exempt (but later deemed abandoned) led to court action and damages awarded to the creditor. Preventing Fraudulent Transfers One challenge creditors face is when debtors attempt to hide or transfer assets to avoid collection. To address this, Texas follows the Uniform Fraudulent Transfer Act under Tex. Bus. & Comm. Code § 24.001 et seq .. This act provides legal remedies to creditors when a debtor’s transfer of assets is deemed fraudulent. Effect of a Defendant's Death on Writs of Execution Under Civ. Prac. & Rem. Code § 34.072 , the death of a defendant after a writ of execution is issued halts execution proceedings. However, any lien acquired from the writ's levy is still enforceable by the county court when paying off the deceased's debts. Why Proper Execution Of The Writ Is Crucial The rules for filing and serving a Writ of Execution are strict and detailed. Missteps, such as filing the writ in the wrong county, failing to serve the proper parties, or missing key deadlines, can lead to delays or even render the writ ineffective. Both creditors and debtors must ensure compliance with these rules to avoid unnecessary complications. For creditors, failure to properly enforce the writ could mean losing the opportunity to collect on a judgment. For debtors, not responding appropriately to a writ could result in the loss of valuable assets, even those that might have been exempt.
Understanding Venue Selection and Motions to Dismiss in Texas Civil Litigation
Wraparound Mortgages in Texas and The Pros and Cons of Seller Financing
Appeals Through JAMS Arbitration: A Structured Approach to Review
How One Texas Court is Halting the Corporate Transparency Act
The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.
Have an idea for a blog? Click and request a blog and we will let you know when we post it!
