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Panel hears bill to adopt Uniform Interstate Depositions and Discovery Act
Summary
Representative Bob Lynn told the Senate Judiciary committee HB1489 would streamline out-of-state depositions by allowing out-of-state subpoenas to be presented to a New Hampshire superior court clerk; Professor Charles Mooney told the committee the change modernizes cross-border discovery while preserving New Hampshire enforcement rules.
Representative Bob Lynn introduced House Bill 1489, saying the measure is noncontroversial and designed "to streamline litigation" by adopting the Uniform Interstate Depositions and Discovery Act for New Hampshire. He told the committee the bill would let an out-of-state court'issued subpoena be presented to a New Hampshire superior court clerk who could issue a local subpoena consistent with the originating state's subpoena.
Professor Charles Mooney of the Uniform Law Commission, who testified as a technical expert, explained the mechanics: submitting a foreign subpoena to the superior court clerk in the county where discovery is sought would permit issuance "without judicial involvement or further expense or delay," while the subpoena would remain subject to New Hampshire law for motions to quash or enforcement. Mooney said the act had multi-year, expert input and would bring New Hampshire in line with other states; if enacted, New Hampshire would become the 48th state to adopt the act.
Committee members asked procedural questions about the continued presence of commissioners in related RSA chapters and whether the provisions were being reorganized rather than eliminated. Witnesses and members agreed the bill consolidates cross-border discovery language and leaves familiar New Hampshire procedures (motions to quash, enforcement) intact. The committee closed the hearing on HB1489 after no other registered testimony.
The committee did not take a vote in the transcript provided. Next steps were not recorded in the excerpt.
