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

or call 1-800-926-7926
Program Materials

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.



  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


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?


Craig, Darren
Darren A. Craig

Frost Brown Todd

Mr. Craig practices in the business litigation and appellate practice groups. Significant matters he has litigated...  |  Read More

Goldberg, Jonathan
Jonathan Evan Goldberg


Mr. Goldberg is an experienced trial lawyer and frequent public speaker. He clients in all aspects of complex...  |  Read More

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