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, July 24, 2018

Recorded event now available

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Program Materials

This CLE webinar will provide litigators with a review of critical issues to consider when using 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 is determining which court has jurisdiction to issue and enforce a subpoena. Rule 45 permits the court where the action is pending to issue the subpoena instead of the jurisdiction of a non-party recipient or documents.

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 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.

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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 noteworthy 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 compelling objections to the scope of the subpoena?

Faculty

Craig, Darren
Darren A. Craig

Member
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

Partner
FisherBroyles

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

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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