Serve supplemental proceedings Subpoena out of state? Uniform Interstate Depositions and Discovery Act (“UIDDA”)

[TheQuestion]

What is the name of your state? UT.

There is a person I am trying to serve a supplemental proceeding subpoena with who has vanished from his location in UT however will be at a conference in NY at a particular time and date. Maybe this is the best change to serve him rather then tracking him down in Utah. This guy seem to basically live on the road so its hard to find him even with a known address. Currently he has no known residential address.

Can the subpoena be served on him in another state(NY) at his conference?

I think both states are part of the Uniform Interstate Depositions and Discovery Act (“UIDDA”) so maybe its possible?

Thanks.

 

[Zigner]

Here is your original thread: https://forum.freeadvice.com/threads/post-judgement-hearing-questions.660495/

It's better to keep related questions in your original thread. Additionally, you were given links to resources there. If you need additional information, it would be wise to consult with a local attorney.
It is my opinion that an answer to your specific question could cross the line in to the unlawful practice of law.

 

[TheQuestion]

Here is your original thread: https://forum.freeadvice.com/threads/post-judgement-hearing-questions.660495/

It's better to keep related questions in your original thread. Additionally, you were given links to resources there. If you need additional information, it would be wise to consult with a local attorney.
It is my opinion that an answer to your specific question could cross the line in to the unlawful practice of law.

This is a different question. At the time of the previous question, the person was at a known address instate and has possible left that residence now to evade the legal service. In other words, Person moved and no longer at a known location for service of subpoena.

Person will be at a conferences out of state of a particular date.

You expect me to see into the future and ask question based on events which have not happen yet? Come on man.

 

[Zigner]

This is a different question.

Person moved and no longer at a known location for service of subpoena.

Person will be at a conferences out of state of a particular date.

You expect me to see into the future and ask question based on events which have not happen yet?

No, I am merely stating that you should keep your related questions in your original thread and that you will need to speak to an attorney.
Good day.

Edit: You will note that I said "related questions" not "same questions".

 

[TheQuestion]

No, I am merely stating that you should keep your related questions in your original thread and that you will need to speak to an attorney.
Good day.

Edit: You will note that I said "related questions" not "same questions".

This is about Uniform Interstate Depositions and Discovery Act other question is about writ of execution. The 2 subjects are very different even from the same case.

The webmaster can combine if he feels its needed.

Right now I need to know why I can't serve papers to someone even if both states are members of the Uniform Interstate Depositions and Discovery Act.

 

[Zigner]

This is about Uniform Interstate Depositions and Discovery Act other question is about writ of execution. The 2 subjects are very different even from the same case.

The webmaster can combine if he feels its needed.

Right now I need to know why I can't serve papers to someone even if both states are members of the Uniform Interstate Depositions and Discovery Act.

Ask your attorney.

 

[TheQuestion]

Ask your attorney.

So this forum is pointless? Just an advertisement to get attorney billable hours?

 

[Zigner]

So this forum is pointless? Just an advertisement to get attorney billable hours?

No, this is for general legal information and advice. At a point, the information sought by posters starts to cross in to the area of specific legal advice, which an attorney must provide. Why is that, you may ask...

If I told you "Sure, go out and serve him" and you do, then you come back in to court and find out that your efforts were for naught, or worse, you find out that your efforts actually hurt your case, then it's possible that my legal advice to you was wrong and caused you damage, possibly great damage. The state attempts to prevent such things from happening by requiring knowledgeable, trained professional to be the ones that provide such advice.

 

[zddoodah]

Can the subpoena be served on him in another state(NY) at his conference?

Obviously, no one here knows if you have the ability to serve this unknown person at some unknown conference, so I assume what you really intended to as was the following: "If I am able to serve the subpoena successfully and the deponent fails to appear, can the subpoena be enforced in some meaningful way?" That depends on a LOT of things you didn't include in your post.

First, my understanding is that "supplemental proceeding" is a term sometimes used in Utah to refer to what is more commonly known as a judgment debtor exam. Therefore, the first question for you is whether this person is a judgment debtor against whom you hold a civil money judgment.

If the answer to the first question is yes, then the second question is whether this person resides in Utah. You appear not to know the answer to this question and, because of that, the answer to what I believe to be your real question is impossible to determine.

All that said, if this person is a judgment debtor against whom you hold a civil money judgment in Utah, and if he is a resident of Utah, then yes, the subpoena could be enforced if you are able to serve him and he fails to appear.

I think both states are part of the Uniform Interstate Depositions and Discovery Act (“UIDDA”)

No state is "part of" any uniform law. Uniform laws are model laws that are proposed by a non-profit entity whose goal is to make state laws on certain subjects more uniform. It is, in fact, the case, that both New York and Utah have enacted laws based on (or, perhaps, identical to) the UIDDA. However, this body of law only comes into play when you are seeking discovery in State X in relation to a proceeding in State Y. If your deponent is a resident of New York, you can use New York's version of the UIDDA to obtain discovery in connection with your Utah proceeding (since you cannot compel a resident of New York to attend a hearing or sit for a deposition in Utah). However, you appear to want to compel this person to appear for an examination in Utah. If that's the case, the UIDDA won't help you.

I'm going to note, by the way, that, in your prior thread, I asked you a number of relevant questions that you ignored. That sort of thing is not conducive to getting the best possible feedback.

 

[TheQuestion]

Here is your original thread: https://forum.freeadvice.com/threads/post-judgement-hearing-questions.660495/

It's better to keep related questions in your original thread. Additionally, you were given links to resources there. If you need additional information, it would be wise to consult with a local attorney.
It is my opinion that an answer to your specific question could cross the line in to the unlawful practice of law.

Can you serve a subpoena across state lines according to the Uniform Interstate Depositions and Discovery Act ?

That is a very general question that many people want to know the answer to.

You don't seem to answer any question just complain a lot.

If you think answering a general question is violating the law, then maybe you should get into another business.

 

[TheQuestion]

Obviously, no one here knows if you have the ability to serve this unknown person at some unknown conference, so I assume what you really intended to as was the following: "If I am able to serve the subpoena successfully and the deponent fails to appear, can the subpoena be enforced in some meaningful way?" That depends on a LOT of things you didn't include in your post.

First, my understanding is that "supplemental proceeding" is a term sometimes used in Utah to refer to what is more commonly known as a judgment debtor exam. Therefore, the first question for you is whether this person is a judgment debtor against whom you hold a civil money judgment.

If the answer to the first question is yes, then the second question is whether this person resides in Utah. You appear not to know the answer to this question and, because of that, the answer to what I believe to be your real question is impossible to determine.

All that said, if this person is a judgment debtor against whom you hold a civil money judgment in Utah, and if he is a resident of Utah, then yes, the subpoena could be enforced if you are able to serve him and he fails to appear.



No state is "part of" any uniform law. Uniform laws are model laws that are proposed by a non-profit entity whose goal is to make state laws on certain subjects more uniform. It is, in fact, the case, that both New York and Utah have enacted laws based on (or, perhaps, identical to) the UIDDA. However, this body of law only comes into play when you are seeking discovery in State X in relation to a proceeding in State Y. If your deponent is a resident of New York, you can use New York's version of the UIDDA to obtain discovery in connection with your Utah proceeding (since you cannot compel a resident of New York to attend a hearing or sit for a deposition in Utah). However, you appear to want to compel this person to appear for an examination in Utah. If that's the case, the UIDDA won't help you.

I'm going to note, by the way, that, in your prior thread, I asked you a number of relevant questions that you ignored. That sort of thing is not conducive to getting the best possible feedback.

1. My general question is if you can a serve documents across state lines if both states are a member of the Uniform Interstate Depositions and Discovery Act. ( For a ZOOM meeting/judgement debtor exam as you call it)
2. Judgement debtor exam is correct.
3. The person I am trying to serve is the Judgement debtor correct.
4. Person resided in Utah at one point and time however has fake locations in many states using UPS store at their mailing address.
This person jumping from state to state using P.O. boxes and UPS store as fake address for various scam business. Very difficult to get ahold of them however I do know a place and time they are going to be and would like to get them served. I can't find proof they live anywhere but acting as a traveling gypsy selling magic elixirs and potions, etc.
No one seem to know where they live now, for all I know they are living in their car and using some franchise chain of gyms for a shower and to clean up.
5. I want the person to appear on a Zoom debtor exam which court is allowing cause its closed due to coronavirus except for extreme cases. So I want the person to answer some question over Zoom hearing which they can do from anywhere in the world.

I'm sorry, what question do you need answers? I have tried to answer ALL your questions.

 

[quincy]

You will want to have a court in the person’s jurisdiction assist in serving papers - but the fellow does not have to respond to an out-of-state request for a deposition or production of documents. Serve the fellow in Utah.

 

[TheQuestion]

You will want to have a court in the person’s jurisdiction assist in serving papers - but the fellow does not have to respond to an out-of-state request for a deposition or production of documents. Serve the fellow in Utah.

If the fellow has left UT, then I am out of options other then an out of state writ of execution ?

Probably easier to find his assets then him.

 

[quincy]

If the fellow has left UT, then I am out of options?

Let me read over your previous thread and I will let you know then. Is this YOUR legal action or are you helping a friend?

 

[zddoodah]

If your debtor no longer lives in Utah, the best thing to do would be to hire a private investigator to determine where he now resides and then to domesticate the judgment there. Hiring an attorney in that state would be the best way to go.

How much is the judgment?