CHAPTER 931

CONNECTICUT INTERSTATE DEPOSITIONS AND DISCOVERY ACT

Table of Contents

Sec. 52-655. (Note: This section is effective July 1, 2023.) Short title: Connecticut Interstate Depositions and Discovery Act.

Sec. 52-656. (Note: This section is effective July 1, 2023.) Definitions.

Sec. 52-657. (Note: This section is effective July 1, 2023.) Issuance of subpoena.

Sec. 52-658. (Note: This section is effective July 1, 2023.) Service of a subpoena.

Sec. 52-659. (Note: This section is effective July 1, 2023.) Application to court for protective order.

Sec. 52-660. (Note: This section is effective July 1, 2023.) Uniformity of application and construction.


Sec. 52-655. (Note: This section is effective July 1, 2023.) Short title: Connecticut Interstate Depositions and Discovery Act. Sections 52-655 to 52-660, inclusive, may be cited as the “Connecticut Interstate Depositions and Discovery Act”.

(P.A. 22-26, S. 44.)

History: P.A. 22-26 effective July 1, 2023, and applicable to any request for discovery in an action pending on or filed on or after said date.

Sec. 52-656. (Note: This section is effective July 1, 2023.) Definitions. As used in this section and sections 52-657 to 52-660, inclusive:

(1) “Foreign jurisdiction” means a state other than the state of Connecticut;

(2) “Foreign subpoena” means a subpoena in a civil or probate action 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 governmental 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 or any territory or insular possession subject to the jurisdiction of the United States; and

(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.

(P.A. 22-26, S. 45.)

History: P.A. 22-26 effective July 1, 2023, and applicable to any request for discovery in an action pending on or filed on or after said date.

Sec. 52-657. (Note: This section is effective July 1, 2023.) Issuance of subpoena. (a)(1) To request issuance of a subpoena under this section, a party shall submit to a clerk of the Superior Court in the judicial district in which discovery is sought to be conducted in this state, or a clerk of the Probate Court in the probate district in which discovery is sought to be conducted in this state, as the case may be, the following: (A) The original or a true copy of a foreign subpoena, (B) the form prescribed under subdivision (2) of this subsection, and (C) with respect to any action in the Superior Court, the fee prescribed for issuance of a foreign subpoena pursuant to section 52-259 or, with respect to any action in the Probate Court, the fee prescribed in section 45a-106a. A request for the issuance of a subpoena under any provision of this section, or sections 52-658 to 52-660, inclusive, does not constitute an appearance in any court of this state.

(2) The Office of the Chief Court Administrator, with respect to any action in the Superior Court, and the Office of the Probate Court Administrator, with respect to any action in the Probate Court, shall prescribe the form which is required to be submitted pursuant to subdivision (1) of this subsection.

(b) When a party submits a foreign subpoena to a clerk of the Superior Court or a clerk of the Probate Court that complies with the requirements of subdivision (1) of subsection (a) of this section, such clerk shall, in accordance with the respective court's procedure, promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(c) A subpoena issued under subsection (b) of this section shall:

(1) Incorporate the terms used in the foreign subpoena;

(2) Contain or be accompanied by an affidavit of the party stating 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; and

(3) Include the case caption and docket number of the matter pending in the foreign jurisdiction and shall identify the name and address of the Superior Court, or the Probate Court, as the case may be, issuing the subpoena.

(d) A subpoena issued by a clerk of the Superior Court shall be on a form prescribed by the Office of the Chief Court Administrator. A subpoena issued by a clerk of the Probate Court shall be on a form prescribed by the Office of the Probate Court Administrator.

(P.A. 22-26, S. 46.)

History: P.A. 22-26 effective July 1, 2023, and applicable to any request for discovery in an action pending on or filed on or after said date.

Sec. 52-658. (Note: This section is effective July 1, 2023.) Service of a subpoena. (a) Any subpoena issued under section 52-657 by a clerk of a court in this state shall be served in accordance with section 52-148e.

(b) The provisions of sections 52-148a to 52-152, inclusive, and sections 52-156 to 52-157, inclusive, shall apply to a subpoena issued under section 52-657.

(P.A. 22-26, S. 47.)

History: P.A. 22-26 effective July 1, 2023, and applicable to any request for discovery in an action pending on or filed on or after said date.

Sec. 52-659. (Note: This section is effective July 1, 2023.) Application to court for protective order. An application to the court for a protective order related to a matter under sections 52-655 to 52-658, inclusive, or to enforce, quash or modify a subpoena issued by a clerk of a court under section 52-657, shall comply with the rules of court of this state and the general statutes and shall be submitted to the Superior Court in the judicial district or the Probate Court in the probate district, as the case may be, in which discovery is sought.

(P.A. 22-26, S. 48.)

History: P.A. 22-26 effective July 1, 2023, and applicable to any request for discovery in an action pending on or filed on or after said date.

Sec. 52-660. (Note: This section is effective July 1, 2023.) Uniformity of application and construction. In applying and construing the provisions of sections 52-655 to 52-660, inclusive, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact such uniform provisions.

(P.A. 22-26, S. 49.)

History: P.A. 22-26 effective July 1, 2023, and applicable to any request for discovery in an action pending on or filed on or after said date.