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

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, April 11, 2017
Recorded event now available


This CLE webinar will provide litigators with a review of key issues parties should consider when they use third-party subpoenas to obtain testimony and evidence under FRCP 45. The panel will also discuss best practices for objecting to, limiting the scope of, and quashing subpoenas.

Description

One of the more complex issues in third-party subpoenas has been which court has jurisdiction to issue and enforce the subpoena. Rule 45 permits the court where the action is pending to issue the subpoena instead of the court where the individual or documents are located.

Challenges to subpoenas currently are made in federal court where the testimony or document production is to occur, usually where the third party resides. Recent amendments now provide mechanisms for the parties to transfer disputes to the court where the suit is pending.

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 key 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.

Outline

  1. Preparing and serving third-party subpoenas
    1. Required contents
    2. Issuing the subpoena
    3. Serving the subpoena
    4. Witness fees
    5. Notice of subpoena
  2. Enforcing the subpoena
    1. Burden of proof
    2. Basis for motion
    3. Relief sought
    4. Where to make the motion
    5. Substance and required documents
  3. Objecting to or limiting the scope of subpoenas
    1. ESI preservation and production
    2. Deposition subpoenas for corporate officers

Benefits

The panel will review these and other key issues:

  • What mechanisms does Rule 45 provide for enforcement of the subpoena against non-parties?
  • How does Rule 45 affect deposition or trial subpoenas for corporate officers?
  • What are best practices for non-party recipients of a subpoena for documents to preserve the data and make effective objections to the scope of the subpoena?

Faculty

Darren A. Craig, Member
Frost Brown Todd, Indianapolis

Mr. Craig practices in the business litigation and appellate practice groups. Significant matters he has litigated include Indiana Board of Law Examiners in a class action lawsuit brought under the ADA by law student and ACLU, a construction equipment manufacturer in products liability jury trial in Alabama state court that resulted in a defense verdict, and officers and directors of an HMO in suit for breach of fiduciary duty.

Jonathan Evan Goldberg, Partner
FisherBroyles, New York

Mr. Goldberg is an experienced trial lawyer and frequent public speaker. He clients in all aspects of complex commercial litigation, employment litigation, arbitration and employment law. During his 21-year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the U.S. involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, among others.


Recordings

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CLE On-Demand Video $297.00

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Webinar

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Program Materials

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Program Materials

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Customer Reviews

I liked the application of recent case law.

Jeff Vagle

Pepper Hamilton

Excellent presentations.

Steven Knowlton

Locks Law Firm

The seminar featured very knowledgeable presenters on an extremely important topic.

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FTI Consulting

The seminar was interesting and laid out the subject matter in a clear and organized manner.

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Zarwin Baum

The best teleconference I have experienced — bar none.  Well done in every respect.

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Osborne Construction

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Litigation Advisory Board

David R. Cohen

Partner

Reed Smith

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

FisherBroyles

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Stephen Paffrath

Associate

Greenberg Traurig

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

or call 1-800-926-7926

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