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

A live 90-minute CLE video webinar with interactive Q&A


Tuesday, October 5, 2021 (in 12 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

(Alert: Event date has changed from 9/9/2021!)

or call 1-800-926-7926

This CLE course will provide trial lawyers with critical guidance on 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

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 requires 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.

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Outline

  1. Preparing and serving third-party subpoenas
    1. Notice of subpoena
    2. Required contents
    3. Issuing & Serving
    4. Witness fees
  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 impact 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 subpoena's scope?

Faculty

Baer, Jason
Jason M. Baer

Managing Partner
Baer Law

Mr. Baer focuses his practice on trucking and transportation casualty, premises liability, and negligent security...  |  Read More

DeReus, Casey
Casey C. DeReus

Attorney
Baer Law

Ms. DeReus has been a devoted personal injury attorney and first-party property attorney. Before starting with Baer...  |  Read More

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Cannot Attend October 5?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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