73 The Alabama Lawyer 448 (2012). LEGISLATIVE WRAP-UP.

• Author: Othni J. Lathram

Alabama Bar Journal

2012.

73 The Alabama Lawyer 448 (2012).

LEGISLATIVE WRAP-UP

LEGISLATIVE WRAP-UP Othni J. Lathram olathram@ali.state.al.us

For more information about the Institute, visit www.ali.state.al.us.

Extensive Work and Time Volunteered Equal Major Code Revisions

During the 2012 Legislative Session, the Alabama Legislature passed three major code revisions which were prepared and presented by the Alabama Law Institute: the Alabama Uniform Interstate Deposition and Discovery Act, amendments to the Alabama Uniform Principal and Income Act and the Alabama Foreign Country Money Judgment Recognition Act. Each of these acts was the result of extensive work by a committee of lawyers who volunteered their time to work with the Law Institute to ensure that these projects were appropriate additions to Alabama law and to conform them to Alabama practice and procedure. All three acts will become effective January 1, 2013.

Alabama Uniform Interstate Depositions and Discovery Act

HB.399 (Act 2012-518)

The Uniform Interstate Depositions and Discovery Act addresses the need for an efficient and inexpensive procedure that allows parties in civil litigation to depose individuals and conduct discovery in a state other than the trial state.

Currently, this process is handled in Alabama pursuant to Rule 28(c) of the Alabama Rules of Civil Procedure. Rule 28 sets forth a process which requires the intervention of a circuit judge. This act would make domestication a function for the circuit clerk.

The act has numerous benefits and economies including: 1. The creation of efficient procedure for the circuit clerk to follow; 2. Decreasing the need for judicial oversight since under the act there is no need to present the matter to a judge before a subpoena can be issued; 3. Clarifying that discovery permitted by the act must comply with the laws of Alabama; 4. Recognizing that Alabama has a significant interest in protecting its residents who become non-party witnesses in an action pending in a foreign jurisdiction from unreasonable or burdensome discovery requests; and 5. Maintaining the notion motions to quash or modify a subpoena will be ruled upon by an Alabama judge.

This act is not meant to preclude any right or obligation imposed by the Rules of Civil Procedureo r any other applicable Alabama law. It is the intention of...