THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT
BY DAVID C. MARSHALL
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shall be eighty dollars ($ 80.00). If a case is assigned to a
special superior court judge as a complex business case under
G.S. 7A-45.3, upon assignment the party filing the notice of
designation pursuant to G.S. 7A-45.4 or the motion for
complex business designation shall pay an additional one
thousand dollars ($ 1,000) for support of the General Court of
Justice; if a case is assigned to a special superior court judge
as a complex business case under G.S. 7A-45.3 by a court on
its own motion, upon assignment the plaintiff shall pay an
additional one thousand dollars ($ 1,000) for support of the
General Court of Justice. Sums collected under this
subdivision shall be remitted to the State Treasurer. The State
Treasurer shall remit the sum of one dollar and fifty cents ($
1.50) of each fee collected under this subdivision to the North
Carolina State Bar for the provision of services described in
G.S. 7A-474.4, and ninety-five cents ($.95) of each fee
collected under this subdivision to the North Carolina State
Bar for the provision of services described in G.S. 7A-474.19.
In a comment to the statute, the North Carolina legislature provides that a
party should submit a letter or memorandum to the court requesting the
issuance of a subpoena along with the foreign subpoena with any
attachments or exhibits, a check made payable to the clerk of court in the
amount of the appropriate civil filing fee, and a self-addressed, postage-
paid envelope for return of the documents. § 1F-3. Any application to the
court for a protective order or to enforce, modify, or quash a subpoena
must be submitted to the court in the county where discovery is sought;
however, if there is a dispute between the parties, the party who opposes
discovery should apply for appropriate relief to the court where the action
is pending. § 1F-6.
North Dakota – In order to request issuance of a subpoena under the North Dakota UIDDA,
a party must submit the foreign subpoena to a clerk of court in the county
where discovery is sought. N.D. R. Ct. 5.1. Any applications to the court
related to the subpoena must also be submitted to the court in the county
where discovery is sought. Id.
Oregon – The Oregon version of the UIDDA became effective January 1, 2014.
ORCP 38. After the clerk receives the foreign subpoena, they will assign a
case number and issue the Oregon subpoena. Rule 38(C)(2(b). If a party
retains an attorney licensed to practice in Oregon, the Oregon attorney can
assist the clerk in drafting the subpoena. Id. Although the request for a
subpoena does not constitute an appearance in the court, it does allow the
court to impose sanctions for violations of any applicable law in connection
with the subpoena. Rule 38(C)(4). However, any motion related to the