Connecticut Interstate Depositions and Discovery Act: Filing Guide

The Connecticut Interstate Depositions and Discovery Act, codified at Connecticut General Statutes §§ 52-655 through 52-660, lets a party in an out-of-state case obtain a Connecticut subpoena for testimony, documents, or an inspection by filing a short package with a Connecticut court clerk. You submit the foreign subpoena, a prescribed application form, and a filing fee to the clerk of the Superior Court in the judicial district where the discovery will happen, and the clerk issues a Connecticut subpoena that carries the same force as any other. No judge reviews the request, and filing does not count as an appearance in Connecticut.1Justia Law. Connecticut Code Title 52 – Chapter 931 – Section 52-657 The act took effect July 1, 2023, and follows the Uniform Interstate Depositions and Discovery Act (UIDDA) that most states have adopted.2Justia Law. Connecticut Code Title 52 – Chapter 931 – Section 52-655

What the Act Reaches

A “foreign subpoena” under § 52-656 is any subpoena issued by a court of record in another state, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any U.S. territory.3Justia Law. Connecticut Code Title 52 – Chapter 931 – Section 52-656 The definition of “subpoena” is broad, covering three kinds of discovery:

  • Compelling a person in Connecticut to attend and testify at a deposition.
  • Requiring production and inspection of books, records, electronically stored information, or tangible items in that person’s possession or control.
  • Requiring inspection of premises under that person’s control.

The act applies to civil and probate proceedings. If you are working from an older practice guide that references § 52-155, set it aside. That section was repealed and replaced by the current framework effective July 1, 2023.4Justia Law. Connecticut Code Title 52 – Chapter 899 – Section 52-155

How to Domesticate a Foreign Subpoena

Section 52-657 is the operative provision. It converts an out-of-state subpoena into a Connecticut subpoena through a clerk filing, with no merits review.

The Filing Package

Submit three things to the clerk of the Superior Court in the judicial district where discovery will take place (or to the Probate Court clerk in the relevant district for a probate matter):1Justia Law. Connecticut Code Title 52 – Chapter 931 – Section 52-657

  • An original or true copy of the foreign subpoena.
  • The prescribed application. For Superior Court, the Judicial Branch uses Form JD-CL-166 (Application for Issuance of Foreign Subpoena) and Form JD-CL-167 (Foreign Subpoena).5Connecticut Judicial Branch. Connecticut Interstate Depositions and Discovery Act Practice Guide
  • The filing fee, currently $100 for Superior Court matters under § 52-259(l).6Connecticut Judicial Branch. Court Fees

What the Clerk Issues

Once the package is in order, the clerk promptly issues a Connecticut subpoena directed at the person named in the foreign subpoena. That Connecticut subpoena incorporates the terms of the foreign subpoena and must show the case caption and docket number from the out-of-state proceeding along with the name and address of the Connecticut court issuing it. It must also contain or be accompanied by an affidavit listing the names, addresses, and phone numbers of all attorneys of record in the underlying case and of any unrepresented parties.1Justia Law. Connecticut Code Title 52 – Chapter 931 – Section 52-657

No Connecticut Appearance

Making a request under § 52-657 does not constitute an appearance in any Connecticut court.1Justia Law. Connecticut Code Title 52 – Chapter 931 – Section 52-657 You are not submitting yourself to Connecticut jurisdiction by using the process.

Serving the Subpoena

Once the clerk issues the Connecticut subpoena, you have to serve it. Section 52-658 requires service in accordance with Connecticut General Statutes § 52-148e, which in practice means using a Connecticut state marshal or other authorized process server.7Justia Law. Connecticut Code Title 52 – Chapter 931 – Section 52-658 The application form reminds filers they are responsible for the marshal’s service fee unless the court finds them financially unable to pay.8State of Connecticut Judicial Branch. Application for Issuance of Foreign Subpoena (JD-CL-166)

After valid service, the Connecticut subpoena has the same force as any other subpoena issued by a Connecticut court. A witness who ignores it faces the same consequences as one who ignores a domestic subpoena, including possible contempt proceedings.

Costs to Budget For

The $100 Superior Court filing fee is only the starting point.6Connecticut Judicial Branch. Court Fees On top of that, plan for the marshal’s service fee, which Connecticut regulations set at a minimum of $5 per service but which in practice runs higher depending on location and complexity. Court reporter and transcript costs for the deposition itself often exceed the filing and service expenses combined.

Federal law provides deposition witnesses with a $40 daily attendance fee plus mileage at the federal rate.9Office of the Law Revision Counsel. 28 U.S. Code 1821 – Per Diem and Mileage Generally Those rates apply in federal proceedings; Connecticut state proceedings may follow different compensation rules.

If You Are on the Receiving End

Anyone affected by a domesticated subpoena can apply to the Connecticut court that issued it for a protective order or to quash, modify, or enforce the subpoena under § 52-659.10Justia Law. Connecticut Code Title 52 – Chapter 931 – Section 52-659 Common grounds include:

  • Undue burden, where the production demanded is so broad or costly that compliance would be unreasonable.
  • Privilege, including attorney-client privilege and work-product protection.
  • Irrelevance or overbreadth relative to the underlying case.

A Connecticut judge decides these motions under Connecticut procedural rules, even though the case sits in another state. For the party seeking discovery, that changes how you draft: a targeted request survives review; a sweeping demand invites a motion to quash that you then have to litigate in Connecticut. Review privileged material carefully before producing anything, because privilege waived by disclosure is often difficult to recover.

Probate Court Track

Connecticut’s version of the act extends to Probate Court, not just Superior Court. If the evidence you need relates to a probate matter, submit your application to the clerk of the Probate Court in the relevant district. The Probate Court Administrator prescribes its own forms and fees for that track.1Justia Law. Connecticut Code Title 52 – Chapter 931 – Section 52-657

In either court, the clerk’s role is administrative. The clerk checks that the required documents and fee are in the package and issues the subpoena. A judge only becomes involved if someone files a motion under § 52-659 or seeks a protective order.

When the Other State Has Not Adopted the UIDDA

The act calls for uniform construction, and courts applying §§ 52-655 through 52-659 must consider the need for consistency with other states that have enacted similar provisions.11Connecticut General Assembly. Chapter 931 – Connecticut Interstate Depositions and Discovery Act With another UIDDA state, the process works in both directions: a subpoena from that state can be domesticated in Connecticut through the clerk-filing route, and a Connecticut subpoena can generally be domesticated in that state through its parallel procedure.

The picture is different for states that have not adopted the UIDDA. Those jurisdictions typically require a commission or letter rogatory from the trial court before a deposition can be taken, which adds time and expense. If your witnesses are spread across several states, check each one’s status early. For non-UIDDA states, you may need to petition the originating court for a commission and then work through the discovery state’s own procedures for honoring it.

Practical Tips

  • File in the right judicial district. The application goes to the clerk in the judicial district where the discovery will actually happen, not where the witness lives. If a witness lives in New Haven but the documents are at a Hartford business location, think carefully about which district fits the discovery you need.
  • Include the affidavit of counsel. The subpoena must be accompanied by an affidavit listing all counsel of record and any unrepresented parties with addresses and phone numbers. Missing this delays issuance.1Justia Law. Connecticut Code Title 52 – Chapter 931 – Section 52-657
  • Keep the request proportional. A subpoena demanding everything a company has ever produced on a topic invites a motion to quash. Narrower requests get evidence faster.
  • Use the current forms. JD-CL-166 and JD-CL-167 are the Superior Court forms under the current statute. Templates keyed to the repealed § 52-155 are outdated.4Justia Law. Connecticut Code Title 52 – Chapter 899 – Section 52-155
  • Build time for privilege disputes. If the target is likely to assert privilege, factor in a possible privilege log exchange before your deposition date.