Rule 28-I.Interstate Depositions and Discovery Procedures

Group V: Disclosures and Discovery · Last amended 2025 · Last verified July 14, 2026

In one sentenceRule 28-I implements D.C.'s Uniform Interstate Depositions and Discovery Act and related statutes, letting the Superior Court clerk issue subpoenas for out-of-state litigation and letting D.C. courts assist tribunals elsewhere, while requiring anyone requesting a subpoena under the Act to affirm it will not be used to investigate decisions protected as bodily autonomy under District law.

Full Text of Rule 28-I

Text sizeJump to: (a) (b) (c) (d)

(a) IN GENERAL. In seeking to conduct interstate depositions and discovery, parties may proceed under any of the following provisions.

(b) INTERSTATE DEPOSITIONS AND DISCOVERY PROCEDURES UNDER THE UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT, D.C. CODE §§ 13- 441 to -449.

(1) Issuance of Subpoena.

(A) To request a subpoena under D.C. Code § 13-443, a party must submit a foreign subpoena to the clerk and the written affirmation required by Rule 28-I(b)(2)(A). A request for the issuance of a subpoena under the Uniform Interstate Depositions and Discovery Act does not constitute an appearance in the courts of the District of Columbia.

(B) When a party submits a foreign subpoena to the clerk, the clerk, in accordance with these rules, must promptly issue a subpoena for service on the person to whom the foreign subpoena is directed.

(i) incorporate the terms used in the foreign subpoena; and

(ii) contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(2) Affirmation of Noninterference with Bodily Autonomy.

(A) A party or the party’s counsel requesting issuance of a subpoena under Rule 28-I(b)(1) must submit a written statement, signed by the party seeking enforcement or the party’s counsel, swearing or affirming under penalty of perjury that no portion of the foreign subpoena is intended or anticipated to further any investigation or proceeding of a type described in D.C. Code § 2-1461.01(a).

(B) A foreign subpoena not conforming to the requirements of Rule 28-I(b)(2)(A) will not be accepted for filing.

(C) If a party or the party’s counsel refuses to provide the Affirmation of Noninterference with Bodily Autonomy, the clerk must send to the person to whom the foreign subpoena is directed, by first class mail at the address shown in the subpoena, a copy of the foreign subpoena and a notice that it is not recognized as a valid foreign subpoena because it does not include the affirmation required by Rule 28-I(b)(2)(A).

(3) Service of Subpoena. A subpoena issued by a clerk under Rule 28-I(b)(1) must be served in compliance with D.C. Code § 11-942 and Rule 45.

(4) Deposition, Production, and Inspection. The rules applicable to compliance with subpoenas to attend and give testimony, produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises apply to subpoenas issued under Rule 28-I(b)(1).

(5) Motions Regarding Subpoena. A motion for a protective order or to enforce, quash, or modify a subpoena issued by a clerk under Rule 28-I(b)(1) must comply with these rules and the laws of the District of Columbia and must be submitted to the Superior Court.

(1) By Court Order. Upon application by any interested person or in response to letters rogatory issued by a tribunal outside the District of Columbia, the Superior Court may order service on any person who is domiciled or can be found within the District of Columbia of any document issued in connection with a proceeding in a tribunal outside the District of Columbia. The order must direct the manner of service.

(2) Without Court Order. Service in connection with a proceeding in a tribunal outside the District of Columbia may be made inside the District of Columbia without an order of the court.

(3) Effect. Service under Rule 28-I(c) does not, of itself, require the recognition or enforcement of an order, judgment, or decree rendered outside the District of Columbia.

(d) COMMISSIONS OR NOTICES FOR TESTIMONY UNDER D.C. CODE § 14-103. When a commission is issued or notice given to take the testimony of a witness found within the District of Columbia, to be used in an action pending in a court of a state, territory, commonwealth, possession, or a place under the jurisdiction of the United States, the party seeking that testimony may file with this court a certified copy of the commission or notice. Upon approval by the judge in chambers of the commission or notice and the proposed subpoena, the clerk must issue a subpoena compelling the designated witness to appear for deposition at a specified time and place. Testimony taken under Rule 28-I(d) must be taken in the manner prescribed by these rules, and the court may entertain any motion, including motions for quashing service of a subpoena and for issuance of protective orders, in the same manner as if the action were pending in this court.

Comments

2025 Amendments:

Section (b) of the rule has been amended to implement the Human Rights Sanctuary Amendment Act of 2022, D.C. Law 24-257, § 201, 70 D.C. Reg. 2929 (2023), D.C. Code §§ 13-443, -449, which amended the Uniform Interstate Depositions and Discovery Act to restrict enforcement of foreign subpoenas in interstate investigations and proceedings that interfere with the right of bodily autonomy under section 101(a) of the Act, D.C. Code § 2-1461.01(a). New subsection (b)(2) implements the Act’s affirmation requirement, D.C. Code §13-449. Former subsections (b)(2), b(3), and b(4) have been redesignated (b)(3), (b)(4), and (b)(5), respectively. Section (b) has also been amended to conform with the general restyling of the Superior Court rules.

To the extent the Human Rights Sanctuary Amendment Act of 2022 includes procedural rules, the Court has adopted them pursuant to its exclusive rulemaking authority under D.C. Code § 11-946. See Woodroof v. Cunningham, 147 A.3d 777 (D.C. 2016).

2017 Amendments:

This rule was amended to include the procedures for filing under the Uniform Interstate Depositions and Discovery Act (D.C. Code §§ 13-441 to -448 (2012 Repl.)) and D.C. Code § 13-434 (2012 Repl.). The process for obtaining a commission or notice under D.C. Code § 14-103 (2012 Repl.) has been retained from the prior version of the rule, but the provisions related to appointment of an examiner to take testimony of a witness outside the District of Columbia have been moved to new Rule 28-II. Stylistic changes were also made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure.

Comment:

Paragraphs (c) and (b) of Rule 28-I implement the authority conferred on the Superior Court by § 14-103 and § 14-104, respectively.

Plain-English Summary

Rule 28-I gives parties several distinct paths for interstate discovery. Under the Uniform Interstate Depositions and Discovery Act, D.C. Code §§ 13-441 to -449, a party who has a subpoena from another state's case submits that foreign subpoena to the Superior Court clerk along with a required written affirmation, and the clerk must promptly issue a District of Columbia subpoena that incorporates the same terms for service on the person named. Submitting the foreign subpoena this way does not count as making an appearance in D.C. courts, and the resulting subpoena must include the contact information for all counsel of record and any unrepresented party.

A 2025 amendment added a screening step: the party or counsel requesting the subpoena must sign a sworn statement — the Affirmation of Noninterference with Bodily Autonomy — affirming that no part of the foreign subpoena is intended to further an investigation or proceeding of the kind described in D.C. Code § 2-1461.01(a), which concerns interference with a person's right to bodily autonomy. A foreign subpoena that does not come with this affirmation will not be accepted for filing, and if the requesting party refuses to provide it, the clerk must mail the person named in the subpoena a copy of it along with notice that it is not being recognized because the affirmation is missing. Once a D.C. subpoena issues, it must be served consistent with D.C. Code § 11-942 and Rule 45, and any motion for a protective order or to enforce, quash, or modify the subpoena goes to the Superior Court.

Separate from the Uniform Act, Rule 28-I(c) lets the Superior Court assist tribunals and litigants outside the District under D.C. Code § 13-434, either by court order directing how a document connected to an out-of-district proceeding should be served on someone found in D.C., or, in many situations, without needing a court order at all — though service under this provision does not itself require D.C. courts to recognize or enforce whatever judgment eventually results. Rule 28-I(d) covers a related but distinct statute, D.C. Code § 14-103, for taking the testimony of a D.C. witness for use in another jurisdiction's pending case: the requesting party files a certified copy of the commission or notice, a judge in chambers approves the proposed subpoena, and the clerk issues it, with the resulting testimony taken and any disputes about it handled as if the case were pending in D.C. itself.

Frequently Asked Questions

What is the Uniform Interstate Depositions and Discovery Act procedure in D.C.?

A party holding a subpoena from another state's case submits that foreign subpoena and a required affirmation to the D.C. Superior Court clerk, who must promptly issue a D.C. subpoena incorporating the same terms for service here. Submitting the foreign subpoena this way does not count as making an appearance in the D.C. courts.

What is the Affirmation of Noninterference with Bodily Autonomy, and why is it required?

It is a sworn statement, added by a 2025 amendment, in which the person requesting a subpoena under the Uniform Interstate Depositions and Discovery Act affirms that no part of the subpoena is meant to further an investigation or proceeding that interferes with a person's right to bodily autonomy under D.C. Code § 2-1461.01(a).

What happens if I refuse to provide that affirmation?

The clerk will not accept the foreign subpoena for filing. Instead, the clerk must mail the person named in it a copy of the subpoena along with a notice explaining that it is not recognized as valid because it lacks the required affirmation.

Can papers from an out-of-state case be served on someone in D.C. without a court order?

In many situations, yes. Rule 28-I(c)(2) allows service connected to a proceeding in a tribunal outside the District to be made within D.C. without a court order, though a court order is also available under Rule 28-I(c)(1) when needed.

Where do I file a motion to quash a subpoena issued through this interstate process?

Rule 28-I(b)(5) requires that a motion for a protective order or to enforce, quash, or modify a subpoena issued under this rule be submitted to the Superior Court and comply with D.C. law and these rules.

Source & verification. Rule text and official Comments are reproduced verbatim from the District of Columbia Superior Court Rules of Civil Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026. · Official source

Also known as: dc uniform interstate depositions discovery actdc foreign subpoena procedureaffirmation of noninterference bodily autonomy dcout of state subpoena dc superior court