Kansas Statutes 60-228a. Uniform interstate depositions and discovery act
Terms Used In Kansas Statutes 60-228a
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Docket: A log containing brief entries of court proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) Citation of section. This section may be cited as the uniform interstate depositions and discovery act.
(b) Definitions. In this section:
(1) “Foreign jurisdiction” means a state other than this state or a foreign country.
(2) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.
(3) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or political subdivision, agency or instrumentality or any other legal or commercial entity.
(4) “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.
(5) “Subpoena” means a document, however denominated, issued under authority of a court of record requiring a person to:
(A) Attend and give testimony at a deposition;
(B) 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; or
(C) permit inspection of premises under the control of the person.
(c) Issuance of subpoena. (1) 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 and pay the docket fee as required by Kan. Stat. Ann. § 60-2001, and amendments thereto. A request for the issuance of a subpoena in this state under this act does not constitute an appearance in the courts of this state.
(2) When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, must:
(A) Promptly issue a subpoena for service on the person to which the foreign subpoena is directed; and
(B) assign the subpoena a case file number and enter it on the docket as a civil action pursuant to Kan. Stat. Ann. § 60-2601, and amendments thereto.
(3) A subpoena under subsection (c)(2) must:
(A) Incorporate the terms used in the foreign subpoena; and
(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.
(d) Service of subpoena. A subpoena issued by a clerk of court under subsection (c) must be served in compliance with Kan. Stat. Ann. § 60-303, and amendments thereto.
(e) Deposition, production and inspection. Kan. Stat. Ann. § 60-245, and amendments thereto, applies to subpoenas issued under subsection (c).
(f) Application to court. An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of court under subsection (c) must comply with the statutes of this state and be submitted to the court in the county in which discovery is to be conducted.
(g) Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(h) Application to pending action. This section applies to requests for discovery in cases pending on the effective date of this section.