HB399 Alabama 2012 Session

Updated Feb 27, 2026

Low Interest

Summary

Primary Sponsor: Paul DeMarco
Republican
Session: Regular Session 2012
Title: Uniform Interstate Depositions and Discovery Act, allows litigants to depose individuals and conduct discovery in a state other than the trial state
Summary: HB399 enacts Alabama's Uniform Interstate Depositions and Discovery Act, allowing out-of-state litigants to depose individuals and obtain discovery in Alabama via subpoenas issued by foreign courts.
What This Bill Does
If enacted, the act lets a party from another state request an Alabama subpoena based on a foreign subpoena to compel discovery in Alabama. The Alabama circuit court clerk where discovery is sought will issue a local subpoena that mirrors the foreign one and includes counsel contact information and a 15-day window to object. The subpoenas are governed by Alabama Rules of Civil Procedure, must be served under Rule 45, and Alabama law applies to enforcement and protective orders. The law requires reciprocity with jurisdictions that provide similar privileges and applies to cases filed after the effective date (January 1, 2013).

Who It Affects
Out-of-state litigants and their lawyers who want to conduct depositions or discovery in Alabama using foreign subpoenas.
Individuals, businesses, or other entities in Alabama who may be subpoenaed or required to respond to discovery requests and may object within 15 days.

Key Provisions
Defines key terms: foreign jurisdiction, foreign subpoena, state, and subpoena.
Allows a party to submit a foreign subpoena to an Alabama circuit court clerk in the county where discovery is sought, with no court appearance required in Alabama.
The Alabama clerk issues a local subpoena that incorporates the foreign terms and includes counsel contact information and a 15-day objection notice.
Subpoenas issued under this act must be served under Rule 45, and Alabama Rules of Civil Procedure apply; conflicting provisions of Rule 28 are overridden.
Applications for protective orders, enforcement, quashing, or modification of subpoenas must follow Alabama procedures and be filed in the appropriate circuit court.
Requires reciprocity; the privilege extended to out-of-state participants depends on the other jurisdiction offering a similar privilege to Alabama residents.
Applicability to cases filed after the act's effective date (January 1, 2013).

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Uniform Interstate Depositions and Discovery Act