On July 15, 2019, the Uniform Interstate Depositions and Discovery Act (the “Uniform Act”) was enacted in Rhode Island. R.I. Gen. Laws 9-18.1-1 et seq. It will simplify the process of taking a deposition in Rhode Island for actions pending outside Rhode Island. In enacting this legislation, Rhode Island joins 33 other states in adopting the uniform legislation.
You have a construction litigation matter pending in Vermont, but the architect of the project is from Rhode Island. You want to take the architect’s deposition. How do you go about taking the architect’s deposition?
Process Pursuant to the Previous Statute
The Vermont counsel wishing to take the deposition must provide a commission or some instruction from the Vermont trial court granting permission to take the out of state deposition. Vermont counsel then had to retain local counsel licensed to practice in Rhode Island to commence a miscellaneous