§56-12-1. Short Title
This article may be cited as the Uniform Interstate Depositions and Discovery Act.
This article may be cited as the Uniform Interstate Depositions and Discovery Act.
In this article: “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 […]
(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts […]
A subpoena issued by a clerk of court under section three of this article must be served in compliance with West Virginia Rules of Civil Procedure.
The West Virginia Rules of Civil Procedure apply to subpoenas issued under section three of this article.
An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under section three of this article must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.
In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform act.
This article applies to requests for discovery in cases pending on the effective date of this article.