Out-of-State Subpoenas & Interstate Discovery


Re-Broadcast on December 21, 2017

This CLE course will discuss all things related to serving cross-state and cross-district subpoenas in state and federal courts. The presenters will discuss the Uniform Interstate Depositions and Discovery Act, the Uniform Foreign Depositions Act, and the various state-specific subpoena requirements when dealing with serving subpoenas in different jurisdictions. Amongst other things, the course will focus on practical pointers for strategically planning interstate discovery. This live webinar will help practitioners with the most commonly presented cross-border and interstate discovery issues from attorneys who have litigated matters in dozens of states.

This course is co-sponsored by Wolters Kluwer.

Key topics to be discussed:

•   Procedures to obtain out-of-state subpoenas
•   Traps for the unwary when seeking out-of-state subpoenas
•   Serving cross-district Federal Subpoenas
•   Enforcement of out-of-state subpoenas

Date / Time: December 21, 2017

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.


evan-goldmanEvan M. Goldman, Esq. is Counsel to Hill Wallack LLP and a member of the firm’s Franchise Law, Creditors’ Rights/Bankruptcy and Hospitality practice groups. In his practice, Mr. Goldman has litigated extensively in state and federal courts, as well as before the American Arbitration Association (‘AAA’). Mr. Goldman has a breadth of experience representing franchisor and franchisee clients in all categories of disputes, including termination issues, trademark infringement disputes, enforcement of non-competition agreements, breach of contract, employment matters and fraud claims. In addition to litigation in franchise matters, Mr. Goldman handles numerous other business disputes, partnership disputes, and construction cases. Mr. Goldman also has extensive experience representing employers and employees in labor disputes and discrimination matters

susan-metacalfeSusan V. Metcalfe, Esq. is a partner in the Trial Group of Duane Morris LLP, representing clients in a wide array of business disputes, including franchise, fraud and trade secret theft, unfair competition, non-competition agreements, trademark, contract disputes, product liability, directors and officers liability, partnership disputes, and sales and manufacturing disputes. During her seventeen years in practice, Ms. Metcalfe has represented clients ranging from individuals and small, privately held companies to Fortune 50 companies. A substantial part of her practice has involved franchisor/franchisee disputes: she has successfully represented a global franchisor in numerous franchise terminations, fraud cases, and actions challenging the independent contractor status. Ms. Metcalfe’s extensive experience in such a broad variety of cases – extending to premises liability, construction, and insurance coverage disputes – enables her to analyze the issues from all angles, to help achieve the best possible outcomes while putting her clients’ business needs and objectives first.

CLE Accreditation:
mylawCLE seeks approval in all states except VA.

CLE 2.00 – AK
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CLE 2.00 – AR
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CLE 2.00 – CA
CLE 2.40 – CO
CLE 2.00 – DE
CLE 2.40 – FL
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CLE 2.00 – IA
CLE 2.00 – ID
CLE 2.00 – IL
CLE 2.00 – IN
CLE 2.00 – KS
CLE 2.00 – KY
CLE 2.00 – LA
CLE 2.00 – ME
CLE 2.00 – MN
CLE 2.40 – MO

CLE 2.00 – MP
CLE 2.00 – MS
CLE 2.00 – MT
CLE 2.00 – NC
CLE 2.00 – ND
CLE 2.00 – NE
CLE 2.00 – NH
CLE 2.40 – NJ
CLE 2.00 – NM
CLE 2.00 – NV

CLE 2.40 – NY
CLE 2.00 – OH
CLE 2.40 – OK
CLE 2.00 – OR
CLE 2.00 – PA
CLE 2.00 – PR
CLE 2.40 – RI
CLE 2.00 – SC
CLE 2.00 – TN
CLE 2.00 – TX

CLE 2.00 – UT
CLE 2.40 – VI
CLE 2.00 – VT
CLE 2.00 – WA
CLE 2.40 – WI
CLE 2.40 – WV
CLE 2.00 – WY

Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).

myLawCLE Credit Guarantee
myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendeeís satisfaction.

Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Scope of presentation
a) Out-of-state subpoenas for state-court civil matters
b) Cross-District federal court subpoenas

Section II. Ethics considerations
a) Bar opinions that found it is unethical to serve unenforceable subpoenas
b) Discussion of what makes a subpoena unenforceable
c) Unauthorized practice considerations when taking out-of-state deposition

Section III. Strategically planning interstate discovery

Section IV. Procedures to obtain out-of-state subpoenas
a) Uniform Interstate Depositions and Discovery Act
b) Uniform Foreign Depositions Act / Commission / Notice
c) Court involvement required

Section V. Factors to weigh in deciding to issue out-of-state subpoenas

Section VI. Nuances in various state court procedures: Tips for the unwary

Section VII. Serving the out-of-state subpoena

Section VIII. Enforcement of out-of-state subpoena
a) Strategy and documents needed to enforce out-of-state subpoena
b) Strategy to oppose an out-of-state subpoena when representing the nonparty

Section IX. Recent changes to the Federal Rules of Civil Procedure