News & Analysis as of

Federal Rules of Civil Procedure Rule 45

EDRM - Electronic Discovery Reference Model

Changing the Forum for a Motion to Quash a Subpoena

In Rullan v. Goden, 2024 WL 1191600 (D. Md. Mar. 20, 2024), the Hon. J. Mark Coulson construed a Fed.R.Civ.P. 45 motion to quash or modify a subpoena, which would have been heard in New York, as a Fed.R.Civ.P. 26(c) motion...more

Array

Do Rule 45 Restrictions Apply to Remote Proceedings? Courts Are Split

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The rise of remote proceedings in response to the COVID-19 pandemic has led federal courts to consider novel issues involving the subpoena of individuals for remotely held depositions and hearings. Last year, three federal...more

Epiq

ESI and Evidence: Sedona Updates Guidelines on Subpoenas and Admissibility

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The world runs on digital. Courts and litigators must understand how digitization can affect their cases. This past October, the Sedona Conference released updated analyses to help legal professionals navigate and adapt to...more

Epiq

Five Noteworthy 2020 eDiscovery Cases

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As with past years, eDiscovery was a hot topic in case law. Spanning from Rule 45 to cost shifting and more, the courts tackled several eDiscovery obstacles. With each decision, legal practitioners glean more insight into how...more

Mintz - Arbitration, Mediation, ADR...

Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The...

Under 28 U.S.C. § 1782, “[t]he district court of the district in which a person resides or is found may order him to . . . produce a document for use in a proceeding in a foreign or international tribunal . . . .” Courts in...more

Brooks Pierce

In-House Counsel's Worst Nightmare: A Subpoena In A Case To Which The Company Is Not A Party

Brooks Pierce on

I don't think that there is anything worse than having a client get subpoenaed in a case to which it isn't a party. It didn't want to be drawn into someone else's problem, to have to scour its records to respond to an...more

McDermott Will & Emery

Use of Rule 45 Subpoenas in TTAB Proceedings

The US Court of Appeals for the 10th Circuit clarified the proper discovery procedures for a Rule 45 subpoena to compel a nonparty to produce documents in a trademark dispute before the US Patent and Trademark Office (PTO)...more

Foley & Lardner LLP

Analysis of Amendments to Federal Rules of Civil Procedure 45 and 37

Foley & Lardner LLP on

The Supreme Court of the United States has made significant amendments to Federal Rule of Civil Procedure 45, which became effective on December 1, 2013. Rule 45 governs the form, issuance, service, enforcement of, compliance...more

Moore & Van Allen PLLC

The Streamlined Subpoena Power under Amended Federal Rule of Civil Procedure 45 – Effective December 1, 2013, Barring...

Moore & Van Allen PLLC on

This year several proposed amendments to the Federal Rules of Civil Procedure (“Civil Rules”) are under consideration. In a previous post, we highlighted the most recent proposed amendments to the Civil Rules which focus on...more

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