A Practical Guide to the Connecticut Interstate Depositions and Discovery Act

Litigators handling disputes that extend across state lines know that obtaining discovery can be cumbersome.  Fortunately, Connecticut has taken steps to streamline this process.  Enacted on July 1, 2023, and modeled on the Uniform Interstate Depositions and Discovery Act, the Connecticut Interstate Depositions and Discovery Act (CIDDA) provides a clear and simplified way to domesticate out-of-state subpoenas. 

CIDDA allows out-of-state litigants to obtain subpoenas for testimony, documents, or premises inspections in Connecticut without needing to seek a commission for deposition or other similar procedural instrument, provided they follow the procedural steps outlined in the statutory scheme. Whether you’re representing a party in a civil matter filed elsewhere or advising a Connecticut-based nonparty responding to such a subpoena, understanding how CIDDA works in practice is critical to properly advising clients.

Statutory Overview

Found at Connecticut General Statutes § 52-655 et seq., CIDDA governs the issuance of discovery subpoenas related to out-of-state litigation in Connecticut.  The statute defines a “foreign subpoena” as “a subpoena in a civil or probate action issued under the authority of a court of record of a foreign jurisdiction.”  Conn. Gen. Stat. § 52-656(2).  Notably, this definition excludes subpoenas issued in arbitration or other administrative proceedings that lack immediate judicial involvement or oversight. 

Moreover, CIDDA does not permit standalone document subpoenas. Consistent with Connecticut Practice Book § 13-28(c), all requests for the production of documents must be accompanied by a testimonial subpoena. Thus, unlike in other jurisdictions where simple “document subpoenas” are permitted, subpoenas issued under CIDDA must require the subpoenaed party to appear for a deposition and order the deponent to bring with them and produce all requested documents.

Once issued by the Connecticut Superior Court pursuant to the procedures outlined below, a CIDDA subpoena is treated just like any other Connecticut discovery subpoena.  This means that it must comply with Connecticut state rules concerning service, notice, deadlines, and objections. 

Step-by-Step Procedure

To obtain a subpoena to serve on a nonparty located in Connecticut under CIDDA, out-of-state litigants must initiate an action in Connecticut Superior Court in the judicial district where the subpoena recipient is located.  This is done by electronically filing the following forms with the Court: (1) an Appearance (Form JD-CL-12); (2) an Application for Issuance of Foreign Subpoena (Form JD-CL-166); and (3) a Proposed Foreign Subpoena (Form JD-CL-167), with the original or true copy of the foreign subpoena.  A $100 filing fee is also required upon electronic filing.

On the Application (JD-CL-166), the parties listed should not be the same as the parties to the out-of-state action.  Instead, the listed “Plaintiff” must be the subpoena applicant, while the listed “Defendant” must be the subpoena recipient.  Additionally, the docket number should be left blank, as it will be filled in by the court clerk.  Lastly, either the applicant or the applicant’s Connecticut-licensed attorney, signs the application. 

With respect to the Proposed Foreign Subpoena (JD-CL-167), the applicant must attach either the original or a true copy of the foreign subpoena issued in the out-of-state litigation. With respect to the form itself, it must specify the date and time for compliance with the subpoena, which must be within 60 days of issuance.  The applicant or the applicant’s Connecticut-licensed attorney must also affirm that the out-of-state subpoena was issued in a pending proceeding, and identify the foreign court, docket number, and case name of that proceeding.

The applicant’s Connecticut-licensed attorney then files both the Application and Proposed Foreign Subpoena forms, along with an Appearance on behalf of the applicant, with the Connecticut Superior Court.  This will prompt the Court to create a new miscellaneous action, with its own unique docket number, within the Superior Court system.

Once submitted, CIDDA leaves the court clerk without discretion to reject a legally compliant submission.  Instead, the clerk is to “promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.”  Conn. Gen. Stat. § 52-657(b).  However, because there is no explicit deadline stated in the statute, the timing within which the court clerk processes the submissions will vary amongst judicial districts.  The subpoena ultimately issued by the court clerk will incorporate the terms of the foreign subpoena included in the applicant’s submission.

Service Requirements and Next Steps

Subpoenas issued pursuant to CIDDA must follow Connecticut’s state rules regarding service. Thus, once the subpoena is issued by the Court, applicants should arrange for a Connecticut marshal to serve the subpoena on the intended recipient, consistent with the service requirements promulgated in Connecticut General Statutes § 52-148e.    

Any motion to quash or enforce the subpoena will be filed in the miscellaneous action pending in the Connecticut Superior Court. This includes the filing of any objections to the subpoena, as well as any motions to modify. All such motions will be governed by Connecticut law, including Connecticut’s rules of discovery, rather than those of the jurisdiction from which the foreign subpoena originated.

Conclusion

CIDDA offers a streamlined process for out-of-state litigants seeking discovery from Connecticut residents and businesses. It eliminates the need for ancillary actions and aligns Connecticut’s procedures with the majority of other states. Moreover, for Connecticut practitioners whose clients are served subpoenas under this new statutory scheme, it is important to remember that the familiar rules of Connecticut discovery will apply in these situations.

Although CIDDA simplifies the mechanics of out-of-state discovery, open questions do still remain – particularly regarding its application to non-judicial proceedings, the scope of permissible discovery, and how conflicts between Connecticut and foreign procedural rules should be resolved.  Accordingly, as Connecticut courts begin interpreting the statute, practitioners should remain attuned to evolving best practices under CIDDA.

If you have any questions about the Connecticut Interstate Depositions and Discovery Act, please contact any of our Litigation attorneys.