Bill Text: CT HB05343 | 2014 | General Assembly | Introduced


Bill Title: An Act Concerning Costs Incurred By State Residents When Responding To Certain Discovery Requests.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-02-28 - Public Hearing 03/05 [HB05343 Detail]

Download: Connecticut-2014-HB05343-Introduced.html

General Assembly

 

Raised Bill No. 5343

February Session, 2014

 

LCO No. 659

 

*00659_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING COSTS INCURRED BY STATE RESIDENTS WHEN RESPONDING TO CERTAIN DISCOVERY REQUESTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (f) of section 52-148e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(f) Deposition of witnesses living in this state may be taken in like manner to be used as evidence in a civil action or probate proceeding pending in any court of the United States or of any other state of the United States or of any foreign country, on application to the court in which such civil action or probate proceeding is pending of any party to such civil action or probate proceeding. A party requesting the issuance of a subpoena under this subsection shall reimburse any witness, who is not a party to the civil action or probate proceeding in which the evidence is to be used, for all reasonable costs incurred by the witness in complying with the subpoena, including, but not limited to, the costs of appearing for a deposition, the costs of producing books, papers, documents or tangible things, electronic discovery costs, and attorney's fees. The Superior Court shall have jurisdiction to (1) quash or modify, or to enforce compliance with, a subpoena issued for the taking of a deposition pursuant to this subsection, and (2) order a party requesting the issuance of a subpoena under this subsection to reimburse a witness for all reasonable costs incurred by the witness in complying with the subpoena. Nothing in this subsection shall be construed as precluding the party requesting compliance with a subpoena from making advance payments to a witness to reimburse the witness for reasonable costs in complying with the subpoena.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2014

52-148e(f)

Statement of Purpose:

To ensure that state residents are reimbursed for the costs they incur when responding to certain discovery requests.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

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