There sometimes exists confusion between federal and state laws, especially when a case crosses state lines. However, if you live in Nevada and have received a subpoena from another state, you may be required to comply.
Interstate Depositions And Discovery Nevada
In October of 2011, the state of Nevada passed the Uniform Interstate Depositions and Discover Act. This requires individuals who live in Nevada to comply with any requests for documents even if the request is made by a court from a different state. Relying on Rule 45 of the Federal Rules of Civil Procedure, the Uniform Interstate Depositions and Discover Act in Nevada allows subpoenas to secure witness depositions, obtain documents, and gain entry for inspections of a premises. Because this can be a nuisance for residents, which is probably why the act passed in only six other states. If you do live in Nevada, however, you are, by law, required to comply.
Exceptions
As with any law, exceptions do exist with the Uniform Interstate Depositions and Discover Act. Nevada residents may be exempt from following a subpoena if the request does not comply with Rule 45 of Civil Procedure.
When In Doubt, Get Help
Since the passage of the Uniform Interstate Depositions and Discover Act, Nevada lawyers as well as lawyers in other states have become well versed in the proceedings. It is, after all, part of a lawyers job to be up to date on any new laws and they will be able to advice you on the best way to handle the subpoena if you are uncertain of how to proceed.
Ignorance of the law is not an excuse to ignore a court order. If you live in a state that has passed the Uniform Interstate Depositions and Discover Act it is best to comply with the subpoena or seek the advice of an experienced lawyer.
