FRCP 45 Third-Party Subpoenas: Using or Objecting to Subpoenas to Obtain Testimony and Evidence

August 29, 2019 at 1:00pm2:30pm

Third-party subpoenas (also called non-party subpoenas) present complex issues of jurisdiction and enforcement. These issues are echoed to some extent in states where the rules of procedure are based on the Federal Rules. FRCP 45 permits the court where the action is pending to issue the subpoena instead of the jurisdiction of a non-party recipient or documents.

Federal courts no longer hear challenges to subpoenas where the action is pending. Instead, the respondent must either appear or produce documents to a "compliance court"with jurisdiction to resolve disputes surrounding the response. This requirement reduces the burden on non-parties who can litigate their compliance locally rather than traveling great distances to challenge a third-party subpoena.

Third-party subpoenas trigger the non-party's obligations to preserve material requested by the subpoena. In the case of ESI, objecting to costly and cumbersome preservation and production is critical.

Listen as our authoritative panel of litigators discusses crucial issues that arise when using third-party subpoenas to obtain testimony and evidence under FRCP 45, and best practices for objecting to, limiting the scope of and quashing subpoenas.