On Tuesday, February 16, 2021, Nebraska’s new rules for interstate depositions and discovery, contained in Neb. Ct. R. § 6-330(A), came into effect. The new Rule 30(A) is modeled on the Uniform Depositions and Discovery Act and can be found on the Nebraska Supreme Court Website.
Keeping ahead of the curve, the attorneys at Sodoro Law Group have been monitoring the adoption of Rule 30(A) since last year when the Nebraska Legislature passed Neb. Rev. Stat. § 25-1237, which gave the Nebraska Supreme Court authority. to adopt Rule 30(A).
Previously, a party to an out-of-state action would need to hire local Nebraska counsel in order to obtain a deposition or other discovery from a non-party located in Nebraska. With the adoption of Rule 30(A), the out-of-state attorney only needs to complete a form and submit it to the clerk of the district court for the county where the discovery is sought. However, any motions affecting persons in Nebraska who are not parties to the out-of-state action must still be filed in Nebraska and decided under Nebraska law. Local Nebraska counsel may be necessary for these proceedings, which are intended to protect Nebraskans from unreasonable and unduly burdensome discovery for actions pending in other states.
If you have any questions regarding the new Rule 30(A), please reach out to John McWilliams, jmcwilliams@sodorolaw.com, or any of the other attorneys at Sodoro Law Group.