Legislatures Consider Replacing UCCJA With UCCJEA

UCCJEA Section 111 -- TAKING TESTIMONY IN ANOTHER STATE

Article by Richard Crouch, Attorney at Law, Crouch & Crouch, Arlington, Virginia; (703) 528-6700;
Copyright Richard Crouch 1999. Originally Published in Family Law News, a Virginia
State Bar Publication

Table of Contents of UCCJA Article | Introduction

Proposed §146.10 (UCCJEA SECTION 111). TAKING TESTIMONY IN ANOTHER STATE. The process should be simplified, and it should be done expressly. This has been the intent and the tendency of all other UCCJA revision, and it should be here. We should make it very clear that this allows parties and counsel to bypass the complex and confusing requirements of a having a commission issued for the taking of testimony in another state, which in some important states in this country requires the hapless party to go to the other state and file a whole new lawsuit. The section should state in a straightforward manner that depositions can be taken in another state upon proper advance written notice as an adjunct to the proceedings in the forum.

Text of this Section of Uniform Act:

SECTION 111. TAKING TESTIMONY IN ANOTHER STATE.

(a) In addition to other procedures available to a party, a party to a
child-custody proceeding may offer testimony of witnesses who are
located in another State, including testimony of the parties and the
child, by deposition or other means allowable in this State for
testimony taken in another State. The court on its own motion may order
that the testimony of a person be taken in another State and may
prescribe the manner in which and the terms upon which the testimony is
taken.

(b) A court of this State may permit an individual residing in another
State to be deposed or to testify by telephone, audiovisual means, or
other electronic means before a designated court or at another location
in that State. A court of this State shall cooperate with courts of
other States in designating an appropriate location for the deposition
or testimony.

(c) Documentary evidence transmitted from another State to a court of
this State by technological means that do not produce an original
writing may not be excluded from evidence on an objection based on the
means of transmission.

Virginia Version:

§20-146.10. Taking testimony in another state.

A. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this Commonwealth for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

B. A court of this Commonwealth may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this Commonwealth shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

C. Documentary evidence transmitted from another state to a court of this Commonwealth by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.

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