News & Analysis as of

Subpoenas Witnesses

Butler Snow LLP

Subpoenaed Remote Testimony from Anywhere and Everywhere? Ninth Circuit Says No.

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With the COVID pandemic, remote video depositions and trial testimony very quickly went from rare to routine. Remote testimony, for the most part, is viewed as a convenience to both witnesses and attorneys, and parties and...more

U.S. Legal Support

What Kind of Papers Does a Process Server Serve?

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A process server is integral to initiating court cases in the legal system. But what is a process server, exactly? In simplest terms, the process server must ensure the timely and lawful delivery of court documents to...more

Rodemer Kane Attorneys at Law

What Happens if a Victim or Witness Refuses to Testify?

Refusing to testify as a witness after being served with a subpoena in a criminal case can lead to serious consequences. The court may hold the individual in contempt of court, which can result in both imprisonment and a...more

McManis Faulkner

30 Days Before Trial: It’s All About Teamwork

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Trial is fast approaching. With 30 days left before the starting date, how will you accomplish all the tasks that remain? It’s time to work together and utilize your support staff to get you successfully through the final...more

Shook, Hardy & Bacon L.L.P.

30(B)(6) Preparation Tips

30(B)(6) Preparation Tips - If you have ever said “that rule may make sense in theory, but it does not work in real life,” you may also have spent weeks futilely attempting to prepare a witness to serve as a corporate...more

Bradley Arant Boult Cummings LLP

Subpoena Responses for Financial Institutions

Financial services companies, such as banks, credit unions, lenders, finance companies, loan servicers, broker-dealers, and securities firms, often receive subpoenas from parties in litigation involving their customers,...more

Stange Law Firm, PC

Why Discovery Is Important in Family Law Matters

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Divorce and family law matters involve civil litigation in the family court. However, many are unsure what the purpose of discovery may be in divorce and family law litigation....more

Esquire Deposition Solutions, LLC

Do Remote Depositions From Home Violate Rule 45(c)’s 100-Mile Subpoena Limit?

We recently blogged about a case in which a court ruled that a subpoena for a remote deposition did not violate Federal Rule of Civil Procedure 45(c)’s 100-mile limit on subpoenas for non-party witnesses because the deponent...more

Dentons

Litigation Quick Take: Witnesses

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Q:  I have been identified as a witness. What is my role? A: If you are a witness, it is likely your role in a case will be limited to providing informal interviews with the parties and/or their attorneys, deposition...more

Rivkin Radler LLP

Administrative Order 270/20 Brings Change To The Uniform Rules

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Chief Administrative Judge Larry Marks recently issued Administrative Order 270/20 (“AO 270/20”), which, effective February 1, 2021, incorporated certain aspects of the Rules of the Commercial Division into the Uniform Rules...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Files Motion Opposing CVC's Motion to Subpoena Witnesses

At the end of October, in Interference No. 106,115 between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") and Junior Party the University of...more

Dentons

Litigation Quick Take: Served with a Subpoena

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Q:  I was served with a subpoena. What should I do? A:  First, you need to determine whether it is a subpoena to produce documents or whether it is a subpoena directing you to testify at a deposition or trial....more

Proskauer - Minding Your Business

Key Takeaways from the Amendment to Rule 30(b)(6)

This past year has brought lots of change, including an amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure. Rule 30(b)(6) governs the deposition of an organization (e.g., a corporation or a partnership) and...more

Harris Beach PLLC

Recent Amendment to Federal Rule of Civil Procedure 30(b)(6) Introduces Meet-and-Confer Obligation in Advance of Corporate...

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An amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure (“FRCP”) that took effect on December 1, 2020 requires attorneys to meet-and-confer regarding the subject matters of an organization’s oral deposition....more

Akin Gump Strauss Hauer & Feld LLP

Court Allows Plaintiff to Call Defendant’s In-House Attorney Responsible for Supervising Trial to Testify About Advice of Counsel...

In Sound View Innovations, LLC v. Hulu, LLC, a district court denied Hulu’s motion to quash a subpoena directed to its trial-supervising in-house attorney. The court agreed that Sound View may question Hulu’s attorney live,...more

Mintz - Arbitration, Mediation, ADR...

How to Enforce an Arbitration Subpoena: Jurisdiction and Venue Basics

The Federal Arbitration Act (“FAA”) §7 (9 U.S.C. §7) enables arbitrators to “summon … any person to attend before them or any of them as a witness and in a proper case to bring with him or them any [document] which may be...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

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Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Carlton Fields

New York Federal Court Curbs 30(B)(6) Topics And Quashes Non-Party Seeking The Same Testimony

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Defendants wanted to examine GEICO’s Rule 30(b)(6) witness about GEICO’s special investigation unit practices, protocols and guidelines, as well as its resources and procedures devoted to claim verification and fraud...more

Akin Gump Strauss Hauer & Feld LLP

Congressional Investigations Alert - October 2017

House Passes Resolution to Expand Congressional Subpoena Power and Demand Extraordinary Compliance from its Targets - Yesterday, the House passed a bill that could expand Congress’s investigative authority and...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Disqualifies Attorney Acting in a Dual Role Pursuant to Advocate-Witness Rule

In a recent decision, Justice Lawrence S. Knipel in the Commercial Division ordered an attorney to comply with a non-party subpoena and disqualified the same attorney from representing her client in the action pursuant to the...more

Burr & Forman

Physicians Must Be Cautious When Responding To A Subpoena or Request for Medical Records

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Doctors must educate themselves and particularly their staff on the legal obligations to protect the confidentiality of medical records and how to properly respond to subpoenas and requests for patients’ health information....more

JAMS

Witnesses in Arbitration – California Arbitration Act (Part I)

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Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more

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