SB 1386 - This act establishes the Uniform Interstate Depositions and Discovery Act, which provides procedures for out-of-state subpoenas for certain forms of discovery conducted in Missouri. To request a subpoena in Missouri, a party shall submit a foreign subpoena to a clerk of the court in the county in which discovery is sought to be conducted. The clerk shall promptly issue a subpoena, which shall incorporate the terms used in the foreign subpoena and include contact information of the attorneys and any party not represented by an attorney in the proceeding to which the subpoena relates. A request for issuance of a subpoena pursuant to this act shall not constitute an appearance in Missouri courts. The Missouri Supreme Court Rules of Civil Procedure and the laws of this state apply to subpoenas issued pursuant to this act and such subpoenas shall be served in compliance with such rules and laws. Additionally, an application for a protective order or to enforce, quash, or modify a subpoena issued by clerk of this state shall comply with such court rules and laws of this state. However, in applying and construing this act, consideration shall be given to the need to promote uniformity among the states. These provisions shall apply to requests for discovery in cases pending on August 28, 2026. This act is identical to provisions in HCS/SB 1067 (2026), in SB 1180 (2026), HB 1711 (2026), in HCS/HB 3116 (2026), in HCS/HB 83 (2025), HB 128 (2025), in SCS/HCS/HB 176 (2025), in HCS/SS/SB 221 (2025), in SB 352 (2025), SCS/SB 897 (2024), in SCS/HCS/HB 2064 & HCS#2/HB 1886 (2024), SB 394 (2023), and SB 1005 (2022) and is substantially similar to provisions in HB 1452 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), HB 84 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), HB 1549 (2022), HB 347 (2021), and HB 2570 (2020). KATIE O'BRIEN

2026 Regular Session Introduced by Curtis Trent

Missouri adopts uniform interstate discovery rules to standardize depositions and discovery procedures across state lines, reducing litigation complexity and costs.

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

Legislative bill overview

SB 1386 establishes the Uniform Interstate Depositions and Discovery Act in Missouri, creating standardized procedures for taking depositions and conducting discovery across state lines. This model legislation, developed by the Uniform Law Commission, aims to streamline legal processes when parties in litigation are located in different states by providing consistent rules and procedures.

Why is this important

Interstate litigation currently requires parties to navigate varying state discovery rules, creating complexity, delays, and increased legal costs. By adopting uniform standards, Missouri would reduce procedural conflicts, make cross-state litigation more efficient, and potentially lower litigation expenses for businesses and individuals involved in multi-state disputes.

Potential points of contention

Sovereignty concerns: Some may argue uniform federal-style rules infringe on Missouri's judicial independence and ability to set its own discovery standards

Implementation costs: Courts and legal practitioners would need training and resources to implement new procedures, with potential temporary inefficiencies during transition

Scope limitations: Questions about whether the Act adequately balances plaintiff access to discovery with defendant protection from excessive out-of-state demands, particularly in consumer protection cases