{"id":4359,"date":"2017-08-10T01:01:25","date_gmt":"2017-08-10T01:01:25","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4359"},"modified":"2017-08-13T21:16:30","modified_gmt":"2017-08-13T21:16:30","slug":"rule-45-subpoena","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4359","title":{"rendered":"Rule 45 \u2013 Subpoena"},"content":{"rendered":"

(a)\u00a0In General<\/strong>.<\/span><\/p>\n

(1)\u00a0Form and Contents.<\/em><\/span><\/p>\n

(A)\u00a0Requirements\u2014In General.<\/em>\u00a0Every subpoena must:<\/span><\/p>\n

(i) state the court from which it issued;<\/span><\/p>\n

(ii) state the title of the action and its civil-action number;<\/span><\/p>\n

(iii) command each person to whom it is directed to do the following at a specified time and place: attend and testify; produce designated documents, electronically stored information, or tangible things in that person\u2019s possession, custody, or control; or permit the inspection of premises; and<\/span><\/p>\n

(iv) set out the text of\u00a0Rule 45(d)\u00a0and (e).<\/span><\/p>\n

(B)\u00a0Command to Attend a Deposition\u2014Notice of the Recording Method.<\/em>\u00a0A subpoena commanding attendance at a deposition must state the method for recording the testimony.<\/span><\/p>\n

(C)\u00a0Combining or Separating a Command to Produce or to Permit Inspection; Specifying the Form for Electronically Stored Information.<\/em>\u00a0A command to produce documents, electronically stored information, or tangible things or to permit the inspection of premises may be included in a subpoena commanding attendance at a deposition, hearing, or trial, or may be set out in a separate subpoena. A subpoena may specify the form or forms in which electronically stored information is to be produced.<\/span><\/p>\n

(D)\u00a0Command to Produce; Included Obligations.<\/em>\u00a0A command in a subpoena to produce documents, electronically stored information, or tangible things requires the responding person to permit inspection, copying, testing, or sampling of the materials.<\/span><\/p>\n

(2)\u00a0Issuing Court.<\/em>\u00a0A subpoena must issue from the court where the action is pending.<\/span><\/p>\n

(3)\u00a0Issued by Whom.<\/em>\u00a0The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. An attorney also may issue and sign a subpoena if the attorney is authorized to practice in the issuing court.<\/span><\/p>\n

(4)\u00a0Notice to Other Parties Before Service.<\/em>\u00a0If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served on the person to whom it is directed, a notice and a copy of the subpoena must be served on each party.<\/span><\/p>\n

(b)\u00a0Service<\/strong>.<\/span><\/p>\n

(1)\u00a0By Whom and How; Tendering Fees.<\/em>\u00a0Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person\u2019s attendance, tendering the fees for 1 day\u2019s attendance and the mileage allowed by law. Fees and mileage need not be tendered when the subpoena issues on behalf of the United States or any of its officers or agencies.<\/span><\/p>\n

(2)\u00a0Service in the United States.<\/em>\u00a0A subpoena may be served at any place within the United States.<\/span><\/p>\n

(3)\u00a0Service in a Foreign Country.<\/em>\u00a028 U.S.C. \u00a71783\u00a0governs issuing and serving a subpoena directed to a United States national or resident who is in a foreign country.<\/span><\/p>\n

(4)\u00a0Proof of Service.<\/em>\u00a0Proving service, when necessary, requires filing with the issuing court a statement showing the date and manner of service and the names of the persons served. The statement must be certified by the server.<\/span><\/p>\n

(c)\u00a0Place of Compliance<\/strong>.<\/span><\/p>\n

(1)\u00a0For a Trial, Hearing, or Deposition.<\/em>\u00a0A subpoena may command a person to attend a trial, hearing, or deposition only as follows:<\/span><\/p>\n

(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or<\/span><\/p>\n

(B) within the state where the person resides, is employed, or regularly transacts business in person, if the person<\/span><\/p>\n

(i) is a party of a party\u2019s officer; or<\/span><\/p>\n

(ii) is commanded to attend a trial and would not incur substantial expense.<\/span><\/p>\n

(2)\u00a0For Other Discovery.<\/em>\u00a0A subpoena may command:<\/span><\/p>\n

(A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and<\/span><\/p>\n

(B) inspection of premises at the premises to be inspected.<\/span><\/p>\n

(d)\u00a0Protecting a Person Subject to a Subpoena; Enforcement<\/strong>.<\/span><\/p>\n

(1)\u00a0Avoiding Undue Burden or Expense; Sanctions.<\/em>\u00a0A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction\u2014which may include lost earnings and reasonable attorney\u2019s fees\u2014on a party or attorney who fails to comply.<\/span><\/p>\n

(2)\u00a0Command to Produce Materials or Permit Inspection.<\/em><\/span><\/p>\n

(A)\u00a0Appearance Not Required.<\/em>\u00a0A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.<\/span><\/p>\n

(B)\u00a0Objections.<\/em>\u00a0A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises\u2014or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:<\/span><\/p>\n

(i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.<\/span><\/p>\n

(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party\u2019s officer from significant expense resulting from compliance.<\/span><\/p>\n

(3)\u00a0Quashing or Modifying a Subpoena.<\/em><\/span><\/p>\n

(A)\u00a0When Required.<\/em>\u00a0On timely motion, the court for the district where compliance is required must quash or modify a subpoena that:<\/span><\/p>\n

(i) fails to allow a reasonable time to comply;<\/span><\/p>\n

(ii) requires a person to comply beyond the geographical limits specified in\u00a0Rule 45(c);<\/span><\/p>\n

(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or<\/span><\/p>\n

(iv) subjects a person to undue burden.<\/span><\/p>\n

(B)\u00a0When Permitted.<\/em>\u00a0To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:<\/span><\/p>\n

(i) disclosing a trade secret or other confidential research, development, or commercial information; or<\/span><\/p>\n

(ii) disclosing an unretained expert\u2019s opinion or information that does not describe specific occurrences in dispute and results from the expert\u2019s study that was not requested by a party.<\/span><\/p>\n

(C)\u00a0Specifying Conditions as an Alternative.<\/em>\u00a0In the circumstances described in\u00a0Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:<\/span><\/p>\n

(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and<\/span><\/p>\n

(ii) ensures that the subpoenaed person will be reasonably compensated.<\/span><\/p>\n

(e)\u00a0Duties in Responding to a Subpoena<\/strong>.<\/span><\/p>\n

(1)\u00a0Producing Documents or Electronically Stored Information.<\/em>\u00a0These procedures apply to producing documents or electronically stored information:<\/span><\/p>\n

(A)\u00a0Documents.<\/em>\u00a0A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.<\/span><\/p>\n

(B)\u00a0Form for Producing Electronically Stored Information Not Specified.<\/em>\u00a0If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.<\/span><\/p>\n

(C)\u00a0Electronically Stored Information Produced in Only One Form.<\/em>\u00a0The person responding need not produce the same electronically stored information in more than one form.<\/span><\/p>\n

(D)\u00a0Inaccessible Electronically Stored Information.<\/em>\u00a0The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of\u00a0Rule 26(b)(2)(C)<\/a>. The court may specify conditions for the discovery.<\/span><\/p>\n

(2)\u00a0Claiming Privilege or Protection.<\/em><\/span><\/p>\n

(A)\u00a0Information Withheld.<\/em>\u00a0A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:<\/span><\/p>\n

(i) expressly make the claim; and<\/span><\/p>\n

(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.<\/span><\/p>\n

(B)\u00a0Information Produced.<\/em>\u00a0If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.<\/span><\/p>\n

(f)\u00a0Transferring a Subpoena-Related Motion<\/strong>.\u00a0When the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if the person subject to the subpoena consents or if the court finds exceptional circumstances. Then, if the attorney for a person subject to a subpoena is authorized to practice in the court where the motion was made, the attorney may file papers and appear on the motion as an officer of the issuing court. To enforce its order, the issuing court may transfer the order to the court where the motion was made.<\/span><\/p>\n

(g)\u00a0Contempt<\/strong>.\u00a0The court for the district where compliance is required \u2014 and also, after a motion is transferred, the issuing court \u2014 may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

(a)\u00a0In General. (1)\u00a0Form and Contents. (A)\u00a0Requirements\u2014In General.\u00a0Every subpoena must: (i) state the court from which it issued; (ii) state the title of the action and its civil-action number; (iii) command each person to whom it is directed to do the following at a specified time and place: attend and testify; produce designated documents, electronically stored … Continue reading Rule 45 \u2013 Subpoena<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":5000,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4359","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4359","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4359"}],"version-history":[{"count":2,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4359\/revisions"}],"predecessor-version":[{"id":5010,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4359\/revisions\/5010"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/5000"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4359"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}