FRCP 45 Third-Party Subpoenas: Using or Objecting to Subpoenas to Obtain Testimony and Evidence
A live 90-minute CLE webinar with interactive Q&A
Tuesday, April 11, 2017 (in 12 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT
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.
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.
- Preparing and serving third-party subpoenas
- Required contents
- Issuing the subpoena
- Serving the subpoena
- Witness fees
- Notice of subpoena
- Enforcing the subpoena
- Burden of proof
- Basis for motion
- Relief sought
- Where to make the motion
- Substance and required documents
- Objecting to or limiting the scope of subpoenas
- ESI preservation and production
- Deposition subpoenas for corporate officers
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?
Darren A. Craig, Member
Frost Brown Todd,
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
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.
Live Webinar $297.00
Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.
This webinar is eligible for at least 1.5 general CLE credits.
CLE credits are not available for PR.
*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.
CLE On-Demand - Streaming Video
Includes recorded streaming video of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Video $297.00
Available 48 hours after the live event
Includes full event recording plus handouts (available after live webinar).
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
Strafford will process CLE credit for one person on each recording.
Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email firstname.lastname@example.org to place your order.
Recorded Webinar Download $297.00
Available 48 hours after the live event
Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
Registration Plus Recorded Event
Live Webinar & Webinar Download $394.00
Recorded Webinar Download Only $97.00 with Registration/Webinar Combo
Live Webinar & Audio Download $394.00
Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo
Live Webinar & DVD $394.00 plus $9.45 S&H
DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo
Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credits By State
Strafford webinars are a great service and very interesting. Well done. I look forward to future topics.
Carter Mario Injury Lawyers
The presentations provided great insight.
Pabian & Russell
The best teleconference I have experienced — bar none. Well done in every respect.
I liked that practice tips were given from both a plaintiff's and defendant's aspect.
Fitch Even Tabin & Flannery
I liked the different speaker perspectives.
Standard Chartered Bank
Litigation Advisory Board
O’Melveny & Myers
Vandenberg & Feliu
Capes Sokol Goodman & Sarachan
Baker & Hostetler
Akin Gump Strauss Hauer & Feld
Deloitte Financial Advisory Services
Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.