| HOUSE AMENDED |
| PRIOR PRINTER'S NO. 64 | PRINTER'S NO. 2431 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, KITCHEN, TARTAGLIONE AND WASHINGTON, JANUARY 12, 2011 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 1, 2012 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in bases of jurisdiction |
3 | and interstate and international procedure, providing for |
4 | foreign depositions and subpoenas; and repealing provisions |
5 | relating to foreign depositions and evidence. | <-- |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Sections 5326 and 5328 of Title 42 of the | <-- |
9 | Pennsylvania Consolidated Statutes are repealed: |
10 | Section 1. Section 5326 of Title 42 of the Pennsylvania | <-- |
11 | Consolidated Statutes is repealed: |
12 | [§ 5326. Assistance to tribunals and litigants outside this |
13 | Commonwealth with respect to depositions. |
14 | (a) General rule.--A court of record of this Commonwealth |
15 | may order a person who is domiciled or is found within this |
16 | Commonwealth to give his testimony or statement or to produce |
17 | documents or other things for use in a matter pending in a |
18 | tribunal outside this Commonwealth. The order may be made upon |
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1 | the application of any interested person or in response to a |
2 | letter rogatory and may prescribe the practice and procedure, |
3 | which may be wholly or in part the practice and procedure of the |
4 | tribunal outside this Commonwealth, for taking the testimony or |
5 | statement or producing the documents or other things. To the |
6 | extent that the order does not prescribe otherwise, the practice |
7 | and procedure shall be in accordance with that of the court of |
8 | this Commonwealth issuing the order. The order may direct that |
9 | the testimony or statement be given, or document or other thing |
10 | produced, before a person appointed by the court. The person |
11 | appointed shall have power to administer any necessary oath. |
12 | (b) Voluntary compliance.--A person within this Commonwealth |
13 | may voluntarily give his testimony or statement or produce |
14 | documents or other things for use in a matter before a tribunal |
15 | outside this Commonwealth.] | <-- |
16 | § 5328. Proof of official records. | <-- |
17 | (a) Domestic record.--An official record kept within the |
18 | United States, or any state, district, commonwealth, territory, |
19 | insular possession thereof, or the Panama Canal Zone, the Trust |
20 | Territory of the Pacific Islands, or an entry therein, when |
21 | admissible for any purpose, may be evidenced by an official |
22 | publication thereof or by a copy attested by the officer having |
23 | the legal custody of the record, or by his deputy, and |
24 | accompanied by a certificate that the officer has the custody. |
25 | The certificate may be made by a judge of a court of record |
26 | having jurisdiction in the governmental unit in which the record |
27 | is kept, authenticated by the seal of the court, or by any |
28 | public officer having a seal of office and having official |
29 | duties in the governmental unit in which the record is kept, |
30 | authenticated by the seal of his office. |
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1 | (b) Foreign record.--A foreign official record, or an entry |
2 | therein, when admissible for any purpose, may be evidenced by an |
3 | official publication or copy thereof, attested by a person |
4 | authorized to make the attestation, and accompanied by a final |
5 | certification as to the genuineness of the signature and |
6 | official position: |
7 | (1) of the attesting person; or |
8 | (2) of any foreign official whose certificate of |
9 | genuineness of signature and official position either: |
10 | (i) relates to the attestation; or |
11 | (ii) is in a chain of certificates of genuineness of |
12 | signature and official position relating to the |
13 | attestation. |
14 | A final certification may be made by a secretary of embassy or |
15 | legation, consul general, consul, vice consul, or consular agent |
16 | of the United States, or a diplomatic or consular official of |
17 | the foreign country assigned or accredited to the United States. |
18 | If reasonable opportunity has been given to all parties to |
19 | investigate the authenticity and accuracy of the documents, the |
20 | tribunal may, for good cause shown, admit an attested copy |
21 | without final certification or permit the foreign official |
22 | record to be evidenced by an attested summary with or without a |
23 | final certification. |
24 | (c) Alternative method for certain domestic and foreign |
25 | records.--The statutes, codes, written laws, executive acts, or |
26 | legislative or judicial proceedings of any domestic or foreign |
27 | jurisdiction or governmental unit thereof may also be evidenced |
28 | by any publication proved to be commonly accepted as proof |
29 | thereof in the tribunals having jurisdiction in that |
30 | governmental unit. |
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1 | (d) Lack of record.--A written statement that after diligent |
2 | search no record or entry of a specified tenor is found to exist |
3 | in the records designated by the statement, authenticated as |
4 | provided in this section in the case of a domestic record, or |
5 | complying with the requirements of this section for a summary in |
6 | the case of a record in a foreign country, is admissible as |
7 | evidence that the records contain no such record or entry.] |
8 | Section 2. Chapter 53 of Title 42 is amended by adding a |
9 | subchapter to read: |
10 | SUBCHAPTER B.1 |
11 | FOREIGN DEPOSITIONS AND SUBPOENAS |
12 | Sec. |
13 | 5331. Short title of subchapter. |
14 | 5332. Scope of subchapter. |
15 | 5333. Definitions. |
16 | 5334. Principles of construction. |
17 | 5335. Issuance of subpoena. |
18 | 5336. Pennsylvania rules applicable. |
19 | 5337. Application to court. |
20 | § 5331. Short title of subchapter. |
21 | This subchapter shall be known and may be cited as the |
22 | Uniform Interstate Depositions and Discovery Act. |
23 | § 5332. Scope of subchapter. |
24 | This subchapter shall apply to any civil action or proceeding |
25 | in a foreign jurisdiction where discovery is sought in this |
26 | Commonwealth. |
27 | § 5333. Definitions. |
28 | The following words and phrases when used in this subchapter |
29 | shall have the meanings given to them in this section unless the |
30 | context clearly indicates otherwise: |
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1 | "Foreign jurisdiction." A state other than Pennsylvania. |
2 | "Foreign subpoena." A subpoena issued under authority of a |
3 | court of record of a foreign jurisdiction. |
4 | "Person." An individual, corporation, business trust, |
5 | estate, trust, partnership, limited liability company, |
6 | association, joint venture, public corporation, government or |
7 | governmental subdivision, agency or instrumentality or any other |
8 | legal or commercial entity. |
9 | "Prothonotary." The term includes a clerk of court, where |
10 | applicable. |
11 | "State." A state of the United States, the District of |
12 | Columbia, Puerto Rico, the United States Virgin Islands, a |
13 | federally recognized Indian tribe or any territory or insular |
14 | possession subject to the jurisdiction of the United States. |
15 | "Subpoena." A document, however denominated, issued under |
16 | authority of a court of record requiring a person to: |
17 | (1) attend and give testimony at a deposition, hearing |
18 | or trial; |
19 | (2) produce and permit inspection and copying of |
20 | designated books, documents, records, electronically stored |
21 | information or tangible things in the possession, custody or |
22 | control of the person; or |
23 | (3) permit inspection of premises under the control of |
24 | the person. |
25 | § 5334. Principles of construction. |
26 | In applying and construing this subchapter, consideration |
27 | shall be given to the need to promote uniformity of the law with |
28 | respect to its subject matter among states that enact it. |
29 | § 5335. Issuance of subpoena. |
30 | (a) General rule.--To request issuance of a subpoena under |
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1 | this section, a party must submit a foreign subpoena to a |
2 | prothonotary in the jurisdiction in which the person who is the |
3 | subject of the order resides, is employed or regularly transacts |
4 | business in person. A request for the issuance of a subpoena |
5 | under this subchapter does not constitute an appearance in the |
6 | courts of this Commonwealth. |
7 | (b) Duty of prothonotary.--A prothonotary in receipt of a |
8 | foreign subpoena shall, in accordance with that court's |
9 | procedure, promptly issue a subpoena for service upon the person |
10 | to whom the foreign subpoena is directed. |
11 | (c) Contents of subpoena.--A subpoena under subsection (b) |
12 | must: |
13 | (1) Incorporate the terms used in the foreign subpoena. |
14 | (2) Contain or be accompanied by the names, addresses |
15 | and telephone numbers of all counsel of record in the |
16 | proceeding to which the subpoena relates and of any party not |
17 | represented by counsel. |
18 | (d) Voluntary compliance.--A person within this Commonwealth | <-- |
19 | not served with a subpoena under this section may voluntarily |
20 | give his testimony or statement or produce documents or other |
21 | things for use in a matter before a tribunal outside this |
22 | Commonwealth. |
23 | § 5336. Pennsylvania rules applicable. |
24 | The Pennsylvania Rules of Civil Procedure and any statutes |
25 | relating to service of subpoenas and compliance with subpoenas |
26 | shall apply to all subpoenas issued under this subchapter. Such |
27 | rules shall include, but are not limited to, the following: |
28 | No. 4009.21 (relating to Subpoena Upon a Person Not a |
29 | Party for Production of Documents and Things. Prior Notice. |
30 | Objections). |
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1 | No. 4009.22 (relating to Service of Subpoena). |
2 | No. 4009.23 (relating to Certificate of Compliance By a |
3 | Person Not a Party. Notice of Documents or Things Received). |
4 | No. 4009.24 (relating to Notice of Intent to Serve |
5 | Subpoena. Objection to Subpoena. Forms). |
6 | No. 4009.25 (relating to Certificate Prerequisite to |
7 | Service of Subpoena. Form). |
8 | No. 4009.26 (relating to Subpoena to Produce Documents or |
9 | Things. Form). |
10 | No. 4009.27 (relating to Certificate of Compliance. |
11 | Form). |
12 | § 5337. Application to court. |
13 | (a) General rule.--An application to a court for a |
14 | protective order or to enforce, quash or modify a subpoena |
15 | issued by a prothonotary under section 5335 (relating to |
16 | issuance of subpoena) must comply with the rules and statutes of |
17 | this Commonwealth and be submitted to the court that ordered |
18 | service of the subpoena. |
19 | (b) Authority for order.--Upon application, the court may |
20 | proceed as provided by the applicable rules and laws of this |
21 | Commonwealth, including, but not limited to: section 4132 |
22 | (relating to attachment and summary punishment for contempt); |
23 | Chapter 59 (relating to depositions and witnesses); Pa.R.C.P. |
24 | Nos. 4011 (relating to Limitation of Scope of Discovery and |
25 | Deposition) and 4012 (relating to Protective Orders). |
26 | Section 3. The addition of 42 Pa.C.S. Ch. 53 Subch. B.1 |
27 | applies to requests for discovery in cases pending on the |
28 | effective date of this section. |
29 | Section 4. This act shall take effect in 60 days. |
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