Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 4911 Manner and proof of service
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(a) When the law of this territory authorizes service outside this territory, the service, when reasonably calculated to give actual notice, may be made:(1) by personal delivery in the manner prescribed for service within this territory;(2) in the manner prescribed by the law of …
5 V.I.C. § 4912 Individuals eligible to make service
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Service outside this territory may be made by an individual permitted to make service of process under the law of this territory or under the law of the place in which the service is made or who is designated by a court of this territory.
5 V.I.C. § 4913 Individuals to be served; special cases
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When the law of this territory requires that in order to effect service one or more designated individuals be served, service outside this territory under this chapter must be made upon the designated individual or individuals.
5 V.I.C. § 4914 Assistance to tribunals and litigants outside this territory
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(a) The district court may order service upon any person who is domiciled or can be found within this territory of any document issued in connection with a proceeding in a tribunal outside this territory. The order may be made upon application of any interested person or in respo…
5 V.I.C. § 4921 When and how a deposition may be taken outside this territory
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(a) A deposition to obtain testimony or documents or other things in an action pending in this territory may be taken outside this territory:(1) On reasonable notice in writing to all parties, setting forth the time and place for taking the deposition, the name and address of eac…
5 V.I.C. § 4922 Short title
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This subchapter may be cited as the Virgin Islands Uniform Interstate Depositions and Discovery Act.
5 V.I.C. § 4923 Definitions
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(1) In this subchapter:(1) “Foreign jurisdiction” means a state or territory other than the Virgin Islands.(2) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.(3) “Person” means an individual, corporation, business trust, …
5 V.I.C. § 4924 Issuance of subpoena
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(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the district in which discovery is sought to be conducted in this Territory. A request for the issuance of a subpoena under this chapter does not constitute an …
5 V.I.C. § 4925 Service of subpoena
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A subpoena issued by a clerk of court under section 4924 must be served in compliance with Rule 45 of the Federal Rules of Civil Procedure.
5 V.I.C. § 4925A Deposition, production, and inspection
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Rule 45 of the Federal Rules of Civil Procedure applies to subpoenas issued under section 4924.
5 V.I.C. § 4925B Uniformity of application and construction
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In applying and construing this subtitle, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
5 V.I.C. § 4926 Notice
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A party who intends to raise an issue concerning the law of any jurisdiction or governmental unit thereof outside this territory shall give notice in his pleadings or other reasonable written notice.
5 V.I.C. § 4927 Materials to be considered
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In determining the law of any jurisdiction or governmental unit thereof outside this territory, the court may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the rules of evidence.
5 V.I.C. § 4928 Court decision and review
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The court, not jury, shall determine the law of any governmental unit outside this territory. Its determination is subject to review on appeal as a ruling on a question of law.
5 V.I.C. § 4931 Domestic record
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An official record kept within the United States, or any state, district, commonwealth, territory, insular possession thereof, or the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands, or an entry therein, when admissible for any purpose, may be…
5 V.I.C. § 4932 Foreign record
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A foreign official record, or an entry therein, when admissible for any purpose, may be evidenced by an official publication or copy thereof, attested by a person authorized to make the attestation, and accompanied by a final certification as to the genuineness of the signature a…
5 V.I.C. § 4933 Alternative method for certain domestic and foreign records
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The statutes, codes, written laws, executive acts, or legislative or judicial proceedings of any domestic or foreign jurisdiction or governmental unit thereof may also be evidenced by any publication proved to be commonly accepted as proof thereof in the tribunals having jurisdic…
5 V.I.C. § 4934 Lack of record
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A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in this chapter in the case of a domestic record, or complying with the requirements of this chapter for …
5 V.I.C. § 4941 Other provisions of law unaffected
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(a) Except as otherwise provided herein, this subtitle does not repeal or modify any law of this territory:(a) authorizing the exercise of jurisdiction on any basis other than the bases specified in chapter 501 of this subtitle;(b) permitting a procedure for service or for obtain…
5 V.I.C. § 4942 Uniformity of interpretation
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This subtitle shall be so interpreted and construed as to effectuate its general purposes to make uniform the laws of those states and territories which enact it.
5 V.I.C. § 4943 Short title
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This subtitle may be cited as the Uniform Interstate and International Procedure Act.