SB-0707, As Passed Senate, December 5, 2012

 

 

Text Box: SENATE BILL No. 707

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 707

 

 

September 28, 2011, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 1852 (MCL 600.1852) and by adding chapter 22.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1852. (1) Any court of record of this state as provided

 

in subsection (2) in a county in which a person resides, is

 

employed, transacts his or her business in person, or is found may

 

order service upon any the person who is domiciled or can be found

 

within this state of any document issued in connection with a

 

proceeding in a tribunal outside this state. The order may be made

 

upon application of any interested person or in response to a

 

letter rogatory issued by a tribunal outside this state and shall

 

direct the manner of service. Service in connection with a

 

proceeding in a tribunal outside this state may be made within this

 

state without an order of court. Service under this section does

 

not, of itself, require the recognition or enforcement of an order,

 

judgment or decree rendered outside this state.

 

     (2) Any court of record of this state may order a person who

 

is domiciled or is found within this state to give his testimony or

 

statement or to produce documents or other things for use in a

 

proceeding in a tribunal outside this state. The order may be made

 

upon the application of any interested person or in response to a

 

letter rogatory and may prescribe the practice and procedure, which

 

may be wholly or in part the practice and procedure of the tribunal

 

outside this state, for taking the testimony or statement or

 

producing the documents or other things. The order shall be issued

 

upon petition to a court of record in the county in which the

 

deponent resides or is employed or transacts his business in person

 

or is found for a subpoena to compel the giving of testimony by

 

him. The court may hear and act upon the petition with or without

 

notice as the court directs. To the extent that the order does not

 

prescribe otherwise, the practice and procedure shall be in

 

accordance with that of the court of this state issuing the order.

 

The order may direct that the testimony or statement be given, or

 

document or other thing produced, before a person appointed by the

 

court. The person appointed shall have power to administer any

 

necessary oath. A person within this state may voluntarily give his

 

testimony or statement or produce documents or other things for use

 

in a proceeding before a tribunal outside this state.

 

CHAPTER 22.

 

UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

 

     Sec. 2201. This chapter may be referred to and cited as the

 

"uniform interstate depositions and discovery act".

 

     Sec. 2202. As used in this chapter:

 

     (a) "Foreign jurisdiction" means a state other than this

 

state.

 

     (b) "Foreign subpoena" means a subpoena issued under authority

 

of a court of record of a foreign jurisdiction.

 

     (c) "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 any other legal or

 

commercial entity.

 

     (d) "State" means a state of the United States, the District

 

of Columbia, Puerto Rico, the United States Virgin Islands, a

 

federally recognized Indian tribe, or any territory or insular

 

possession subject to the jurisdiction of the United States.

 

     (e) "Subpoena" means a document, however denominated, issued

 

under authority of a court of record requiring a person to do any

 

of the following:

 

     (i) Attend and give testimony at a deposition.

 

     (ii) Produce and permit inspection and copying of designated

 

books, documents, records, electronically stored information, or

 

tangible things in the possession, custody, or control of the

 

person.

 

     (iii) Permit inspection of premises under the control of the

 

person.

 

     Sec. 2203. (1) To request issuance of a subpoena under this

 

section, a party must submit a foreign subpoena to the clerk of the

 

circuit 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 chapter does not constitute an appearance in the courts

 

of this state.

 

     (2) When a party submits a foreign subpoena to a clerk of the

 

circuit court in this state, the clerk, in accordance with the

 

court's procedures, shall promptly issue a subpoena for service

 

upon the person to which the foreign subpoena is directed.

 

     (3) A subpoena under subsection (2) shall do both of the

 

following:

 

     (a) Incorporate the terms used in the foreign subpoena.

 

     (b) Contain or be accompanied by the names, addresses, and

 

telephone numbers of all counsel of record in the proceeding to

 

which the subpoena relates and of any party not represented by

 

counsel.

 

     Sec. 2204. A subpoena issued by a clerk of the circuit court

 

under section 2203 shall be served in compliance with Michigan

 

court rules.

 

     Sec. 2205. Michigan court rules and statutes of this state

 

applicable to compliance with subpoenas and requests for the

 

production of documents and things or entry on land apply to

 

subpoenas issued under section 2203.

 

     Sec. 2206. A motion for a protective order or an order to

 

enforce, quash, or modify a subpoena issued by a clerk of the

 

circuit court under section 2203 shall comply with Michigan court

 

Senate Bill No. 707 as amended November 28, 2012

rules and be submitted to the circuit court in the county in which

 

discovery is to be conducted.

 

     Sec. 2207. In applying and construing this chapter,

 

consideration shall be given to the need to promote uniformity of

 

the law with respect to its subject matter among the states that

 

enact the uniform interstate depositions and discovery act.

 

     Sec. 2208. This chapter applies to requests for discovery in

 

actions pending on [April 1, 2013].

 

     Sec. 2209. This chapter takes effect [April 1, 2013.

 

     Enacting section 1. Section 1852 of the revised judicature act of

 

1961, 1961 PA 236, MCL 600.1852, as amended by this amendatory act, takes

 

effect April 1, 2013.]